YMAC Annual Report 2009

Yamatji Marlpa Aboriginal Corporation

AnnuAl RepoRt09

the Hon Jenny Macklin Mp Minister for Families, Housing, Community Services and Indigenous Affairs parliament House Canberra ACt 2600

15th october 2009

Dear Minister,

Letter of Transmittal

In accordance with section 203DC of the native title Act 1993, we have pleasure in presenting the annual report of the Yamatji Marlpa Aboriginal Corporation, together with the organisation’s audited financial statements for the financial year ended June 30, 2009

Yours sincerely,

Roy Bellotti Mrs Doris EatonCo-Chairperson Co-ChairpersonYamatji Region pilbara Region

Yamatji Marlpa Aboriginal Corporation (YMAC) is the native title representative body for the traditional owners of the pilbara, Murchison and Gascoyne regions of Western Australia.

We represent 24 native title claim groups, all with their own culture, language and traditions. our representative area covers over 1 million square kilometers, with offices in Geraldton, South Hedland, Karratha, tom price and perth.

YMAC is run by an Aboriginal Board of Directors to protect Yamatji and Marlpa country. We do this by providing a range of professional services to traditional owner groups.

Our work includes:

• Legal representation and research to assist with native title claims • Negotiating land use agreements • Heritage protection services • Community, economic and environmental projects

YMAC operates under the Native Title Act 1993 (ntA) and the Corporations (Aboriginal and Torres Strait Islander) Act 2006.

Contents

Directors’ Report 2

Ceo’s Report 4

overview 6

organisational Structure 16

Role and Functions 24

Corporate Governance 26

Claim updates 30

Financial Report 61

Glossary of terms 88

01

Directors’ Report

Yamatji Highlights

In the Yamatji region, the thudgari connection report

was accepted by the WA State Government, with a

determination expected to proceed in late 2009.

Western Australia’s mining industry continued to expand

southwards, with a number of native title groups affected

by the development of mining and infrastructure projects

in the region including the oakajee port & Rail project and

Sinosteel-Midwest’s Weld Range project.

In April, the naaguja people signed an agreement with

MGMp ltd, incorporating financial benefits, employment

and contracting opportunities. negotiations with the Wajarri

Yamatji people over the proposed Australian Square

Kilometre Array pathfinder (ASKAp) are progressing well,

with the group finalising its Murchison Radio-Astronomy

observatory IluA, a truly ground-breaking and long-term

deal between Wajarri Yamatji, the State and Federal

Governments, CSIRo and YMAC.

the Caring for Country unit completed two major projects;

the Audit of priority Heritage Sites and the engagement

of Yamatji traditional owners in natural Resource

Management. In August, our new publication, Yamatji

Business news, was launched promoting Indigenous

economic development in the Mid-West.

Pilbara Highlights

A highlight for the pilbara this year was the recognition of

the nyangumarta people’s native title rights to Country. the

determination, held on 11 June, gained national attention and

we congratulate nyangumarta on more than a decade of hard

work to achieve this outcome for their people and country.

the Kariyarra connection report was also accepted by the

State, with a determination expected to proceed in 2010.

Despite the global financial downturn, mining

agreements continued to progress at a strong pace.

In December, the njamal people and Atlas Iron

negotiated a groundbreaking agreement in only six

weeks, raising the bar for compensation payments in the

pilbara. In April, Innawonga and Bunjima signed a land

access deed with Iron ore Holdings, featuring a strong

commitment to agreement implementation. Kurama

Marthudenera finalised mining and heritage agreements

with Citic pacific Mining and were also successful in

proving that Mineralogy had not negotiated with them in

good faith over mining tenements on their country.

In April, the Aboriginal Communities Charitable

organisations Inc was launched, an initiative of YMAC’s

Business Development unit. Its first project has been a

food distribution centre, delivering inexpensive foods to

low-income families. We look forward to supporting other

local initiatives to help close the gap in our communities.

During the reporting period, the Board of Directors

completed extensive consultation with members to

enable compliance with the new governing legislation

Corporations (Aboriginal and Torres Strait Islander) Act.

this has resulted in our new rule book and a new name;

Yamatji Marlpa Aboriginal Corporation (YMAC). our new

name reflects the cultural diversity and partnership

between both regions represented by the organisation.

Funding from the Commonwealth for the pilbara

Connection project has enabled YMAC to fast-track a

significant amount of native title claims. As a result, we

are now coordinating one of the largest projects in

native title history, which we hope to see culminate in

determinations over large parts of the State. Although

the project has been pilbara-specific, it has allowed us

to focus resources on the Yamatji region, with substantial

research undertaken in relation to the Wajarri Yamatji,

nanda and Gnulli claims.

While this is great news for pilbara and Yamatji traditional

owners, we are conscious that this demand for

consultants has seen a strain on the industry nationally.

If native title is to proceed at a rapid pace, the shortage

of quality consultants needs to be addresed.

We’ve come a long way over the past twelve months and the Board of Directors thank management and staff for a year that has delivered real outcomes for Traditional Owners and their country.

2 3

Doris Eaton, Pilbara Chairperson

Roy Bellotti, Yamatji Chairperson

CEO’s Report

4

Despite the global economic downturn, WA’s mining

industry continued to dominate the work of the

organisation. For most companies it was ‘business as

usual’ with YMAC conducting 376 native title group

meetings in the reporting period; 148 meetings to

progress native title claims and 228 to negotiate

mining agreements.

the political landscape changed significantly, with a new

liberal State Government elected in September 2008,

and the current Federal Government announcing new

initiatives and legislative changes with the potential to

affect our members. YMAC engaged with government at

local and national levels, and made formal submissions

on a range of issues including the Federal Working

Group on native title payments, the national Indigenous

Representative Body, Amendments to the native title Act,

the pilbara Mining and Water plan and the Australian

Human Rights Consultation. YMAC contributed to

government discussions through the national native

title Council, and the Federal Attorney General’s native

title Consultative Forum. YMAC’s pilbara Regional

Manager, nyaparu Jeffries was also selected as one of

100 Indigenous leaders to participate in the national

Indigenous Representative Body Workshop.

In December we hosted our uranium and native title

Conference, allowing over one hundred traditional owners,

industry and government representatives to discuss

what will be an increasingly important issue in the West.

YMAC was also represented at industry and public forums

including the national native title Conference and the

negotiating native title Conference.

In July 2008, YMAC underwent a smooth transition into

our new corporate structure, bringing the heritage and

research units together to ensure knowledge about culture

and country is shared and protected. our future acts

and legal units were also combined to bring a strategic

approach to agreements and negotiations. During the

reporting period YMAC’s recruitment costs reduced by

70%, and the successes of 08/09 are a reflection of a

stable and dedicated workforce focused on the delivery

of professional services to traditional owners. Financially,

we have seen our sixth consecutive clear external audit,

and thanks to additional Commonwealth funding, we

were able to also refurbish the Geraldton office and our

new office in tom price. new payroll systems and a

major It network upgrade were also put in place to allow

increased productivity throughout the organisation. the

year ahead will see video-conferencing used to assist

business processes, lower travel costs and reduce the

organisation’s carbon footprint.

over the next twelve months we anticipate the resolution

of several native title claims and the finalisation of the

Rio tinto Iron ore negotiations. the impending Right to

negotiate decision between the puutu Kunti Kurrama

& pinikura people and Fortescue Metals Group has the

potential to have a negative impact on traditional owners

rights and interests nationally. An unfavorable decision

will affect traditional owners’ ability to have constructive

input into development on their country and to benefit from

opportunities to close the economic gap. It should also be

noted that most mining companies are using the Right to

negotiate as an opportunity to form constructive, long-term

relationships with traditional owners.

In the year ahead we will also concentrate our focus

on alternative approaches to native title issues and will

be encouraging government to work with us to provide

support for prescribed Bodies Corporate, agreement

implementation and other post-native title issues.

on behalf of the Board and Management, I thank and

congratulate our members and staff for their dedication and

work throughout the year. I look forward to YMAC building

on this momentum, bringing greater outcomes for Yamatji

and pilbara traditional owners in the years to come.

The 2008/09 financial year was one of the organisation’s most successful to date, with strong claim progress, culminating in the recognition of the Nyangumarta people’s native title rights in June.

5

Simon Hawkins, Chief Executive Officer

6 7

Overview

In october, Yamatji Marlpa

Aboriginal Corporation publically

supported Attorney-General Robert

McClelland’s announcement that

the Federal Court will assume

a more central role in the

management of native title claims.

YMAC’s Chief executive officer,

Simon Hawkins said, “Many

claims have now been in the

system for up to fifteen years and

YMAC supports any initiative that

will see native title resolved more

efficiently. We hope the Federal

Court’s new role in meditating

claims will encourage the State

and other respondents to move

towards consent determinations

at a faster rate.”

In november, the organisation held

its first joint meeting at Cardabia

Station in Coral Bay. over 50

traditional owners travelled from

as far as port Hedland, tom price

and Karratha to vote on changes

to the organisation’s constitution.

Members also voted on shortening

the corporation’s name to Yamatji

Marlpa Aboriginal Corporation.

pilbara Chairperson, Mrs Doris

eaton, was proud to see so

many traditional owners from

both the pilbara and Yamatji

regions at the meeting. “It’s

important that we have our say

on the way our organisation is

run and it’s been fantastic to

meet up with traditional owners

from other regions.”

In July, the puutu Kunti Kurrama

and pinikura native title claim

group and the Wintawari Gurama

Aboriginal Corporation successfully

proved that the mining giant

Fortescue Metals Group failed to

negotiate in good faith and fulfill its

obligations under section 31 of the

native title Act 1993.

the matter was over a proposed

mining tenement application,

65 kilometres west of tom price

encompassing 4,320 hectares of

traditional land and waters. FMG

launched a Federal Court appeal

against that decision, which was

upheld in February 2009. YMAC is

now seeking advice in relation to

taking the matter to the High Court.

In September, YMAC launched

the first issue of Yamatji Business

news, promoting indigenous

economic and business

opportunities in the Murchison,

Gascoyne and Mid-West. the

initiative, driven by YMAC’s

economic Development unit, aimed

to establish Yamatji Business news

as a focus point for the Aboriginal

community, government agencies

and other stakeholders.

Tribunal win for PKKP

In August, Aboriginal elders in

the pilbara recounted ancestral

knowledge of their laws and

customs at a Federal Court

hearing in order to strengthen

their native title claim. the

hearing, held at Mount Stuart

in traditional puutu Kunti

Kurrama and pinikura country,

was presided over by Judge

McKerracher. preservation

evidence can include information

about the native title group’s

traditions, laws, customs,

language, family history and

places of cultural significance.

Pilbara elders give evidence at Federal Court hearing

August 08July 08 September 08New publication unites Mid-West Indigenous business

november 08october 08Support for Attorney-General’s Changes to Native Title System

Special General Meeting for CATSIA Changes

YMAC Deputy Principal Legal Officer, Shaz Rind, congratulates Pilbara Regional Manager, Nyaparu Jeffries on the PKKP win.

YMAC Geraldton staff with copies of the recently launched ‘Yamatji Business News’.

9

It established an innovative

framework to accelerate the

heritage survey process, while

at the same time recognising

the importance to njamal

people of their cultural

sites through ethnographic

“exclusion zones”.

njamal traditional owner,

Rodney Monaghan, said the

community was happy the

agreement balanced the

protection of their country with

commercial realities.

“Atlas presented us with

an agreement that not only

supports the protection of our

cultural sites, but offered us

an opportunity to enter into

an enterprise business with

the company. As a community

it’s important that we build a

strong future and maintain and

protect our heritage, laws and

customs,” said Mr Monaghan.

In December 2008, YMAC

hosted its uranium and native

title conference, in response

to the WA State Government’s

decision to lift the ban on

uranium mining. the event

attracted over 100 delegates

from native title claim

groups, the mining industry,

government departments,

environmental groups and

other representative bodies.

Roy Bellotti, Yamatji

Chairperson said, “today has

been important for us to get

information about the pros and

cons of uranium mining, but

we still need to learn more to

make the best decisions for

our people.”

Mrs Doris eaton, pilbara

Chairperson said, “I want to

meet other people who have

had uranium mining on their

country. What has been the

impact on the land, the trees

and birds? We need to learn

things before we sign things,

to make sure we can protect

our country for the future.”

the conference was followed

by a proactive education

campaign from YMAC in

2009, including a regional

education roadshow and a trip

to meet with northern territory

traditional owners about their

experiences of uranium mining

on country.

In December, a unique deal

signed between the njamal

native title claim group and

Atlas Iron limited set a

new precedent for mining

companies throughout

Western Australia.

the agreement was negotiated

in three meetings over a six

week period and combined

strong protection of njamal

country with a mining

compensation package well

above the current benchmark.

Traditional Owners host Uranium Conference

December 08

8

Native title agreement sets new benchmark

December 08

Members of the Njamal community with YMAC and Atlas Iron at the signing of the native title commercial agreement.

Allen ‘Boyo’ Mitchell, Rodney Bellotti, Frank Walsh and Toby Smirke attend the Uranium and Native Title Conference.

10

In February, YMAC staff

travelled to perth for three

days of ‘teamwork and

Communication’ training,

followed by a Mining law

Course for legal and future

acts staff.

the conference allowed staff

to meet face-to-face and share

ideas about their work for Yamatji

and Marlpa members. through a

series of workshops staff gained

insights to help foster collaborative

working environments and

innovative approaches to native

title services.

In 2009 Australian

Government announced

plans to setting up a national

Indigenous Representative

Body to give Aboriginal and

torres Strait Islander people

a voice in national affairs and

policy development.

YMAC’s pilbara Regional

Manager, nyaparu Jeffries,

was selected as one of 100

Indigenous leaders to attend

a national workshop to talk

about how the representative

body could work.

“YMAC represents thousands

of traditional owners in

WA, and I’m glad we

have participated in these

discussions. I’m looking

forward to what this could

mean for Aboriginal people.”

said nyaparu Jeffries.

In April, the newly-formed

Aboriginal Communities

Charitable organisation Inc.

(ACCo) was officially up and

running following the delivery of

three pallets of non-perishable

food to port Hedland.

With the support of Foodbank

Inc, newcrest Mining, and Yamatji

Marlpa Aboriginal Corporation,

the Aboriginal Communities

Charitable organisation (ACCo)

will soon supply Aboriginal

families with inexpensive

groceries through a distribution

outlet in South Hedland.

the organisation started 2009

with a new name - Yamatji Marlpa Aboriginal Corporation (YMAC). this decision was voted

on by members at a Special

General Meeting at Cardabia

Station, Coral Bay.

our new name reflects the

equal standing and diversity

of both regions we represent;

those being ‘Yamatji’, the

Aboriginal people of the

Murchison, Gascoyne and

Midwest; and ‘Marlpa’, used

by traditional owners to

denote the Aboriginal people

of the pilbara.

YMAC All Staff Conference

Announcement of Our New Name

February 09January 09Nyaparu Jeffries selected for National Indigenous Representative Workshop

March 09New Aboriginal Organisation makes first delivery to Pilbara

April 09

11Homeless Support workers Donita Larry, Clem Taylor and Bethwyn Ryder, ACCO Chairperson Nyaparu Rose, YMAC’s Cris Olegario and Chris Ball from Linfox with the first shipment from Foodbank WA.

to review progress. Areas of

discussion for the committee

include employment, training and

business opportunities, matters of

cultural heritage, environmental

and land access issues.

KM elder, elaine James, said,

“the most important part is

that companies have started

to recognise the importance of

working with our elders.”

In April, Kuruma Marthudunera

(KM) announced the finalisation

of its agreement with CItIC

pacific Mining (CpM). the KM

people have traditional rights

to a large area of the pilbara,

south-west of Karratha. the

Cape preston area in particular is

culturally significant, with a high

density of sites and artifacts.

to make sure the agreement

works in practice, the KM and CpM

formed a Relationship Committee,

the naaguja native title

claim group announced the

finalisation of a native title

commercial agreement with

MGM pipelines pty ltd (MGMp).

Compensation and benefits to

the naaguja people under the

agreement include financial

benefits, employment and

contracting opportunities and

Aboriginal cultural awareness

training for MGMp employees.

Yvonne Radcliffe, naaguja elder

said, “We thank MGMp for

their good spirit and respect

for naaguja peoples and

our ancestral lands. It was a

pleasure to see the goodwill

and patience taken by our

guests to walk with us and see

the naaguja people’s vision for

our future generations.”

Mineralogy ‘fails to negotiate in good faith’ with Traditional Owners the national native title tribunal (nntt) found that mining giant Mineralogy pty ltd failed to negotiate in good faith with Kuruma Marthudunera (KM) native title group regarding an exploration license.

nntt’s Deputy president Sosso handed down his decision on 17 April - only the third time the nntt has found that a mining company has failed to negotiate in good faith.

“there were never any real negotiations”, said Member Sosso.

Naaguja sign native title agreement over mid-west pipelines

May 09Pilbara mining deal finalised over cultural land

April 09

12 13KM representatives Joan Evans, Naomi Bobby, Matthew Sampi, Georgina Bobby, Neil Finlay, Jean Lockyer, Elaine James and Valerie Alexander.

Greg Young (YMAC), Bill Mackenzie and Peter Jones (MGMP) with Naajuga representatives Ross Councillor, Lindsay Councillor, (seated) Keith Councillor and Yvonne Radcliffe.

14 15

on June 11, the nyangumarta

people celebrated the Federal

Court’s recognition of their

culture and country. the

nyangumarta native title

determination application

was filed in 1998 and covers

approximately 33,843 sq kms

along the eighty-Mile Beach

area and extending east into

the Great Sandy Desert region.

nyaparu Rose, nyangumarta

traditional owner, believes the

recognition of her people’s

rights to their traditional country

is not only important to her

community, but to Aboriginal

people all across Australia.

“We come from nyangumarta

Country and we speak for

the land. native title is very

important to us because it has

allowed us to get our country

back, to protect our spirits and

sites, to go camping, hunting

and fishing. Before native title

we never had any recognition

as traditional owners, we had

no rights in our own country.

now we feel empowered.”

Janet Stewart, nyangumarta

elder said, “Before native

title we knew that we owned

our Country, but nobody else

recognised that. As part of

the native title process we’ve

developed a good relationship

with the pastoralists so that

in the future we can

both look after the

country together.”

plans are now in effect to

establish a community at

on Wallal Downs and the

nyangumarta people have

established an Aboriginal

Corporation called,

‘nyiyamarri pukurl’ to

administer their business.

Nyangumarta celebrate recognition of Country and Culture

June 09

Nyangumarta dancers with Justice North at the native title determination.

16 17

Organisational Structure

Members

YMAC membership is open to all adult Yamatji and

Marlpa people, including people who live in other

areas but who have a traditional connection to Country.

Members are entitled to vote at Annual Regional

Meetings and Special General Meetings.

Working Groups

each native title claim represented by the Yamatji

Marlpa Aboriginal Corporation has an elected

representative body called a working group.

A working group is composed of Aboriginal people

with the cultural knowledge, understanding and

recognised status to have authority in matters affecting

Country. our working groups are a powerful voice

for traditional owners to participate in decisions that

affect their country and communities. they have

proven their success through achievements in native

title negotiations; they have also gained the trust and

backing of native title groups and their communities.

the advantage of the working group structure is that it

has already been established across much of Western

Australia. they provide a delegated authority group of

representatives to further negotiations to a point where

recommendations can be taken back to the broader

traditional owner community. this has enormous

implications for Government and Industry, when looking

for new frameworks and opportunities for meaningful

engagement with Aboriginal communities.

Regional Committees

the policy direction for YMAC on native title matters

that are specific to either the Yamatji and pilbara

regions are provided by the two Regional Committees.

Yamatji Regional Committee members were voted in at

the Yamatji Annual General Meetings. each native title

claim represented by YMAC in the pilbara nominates a

representative to its pilbara Regional Committee.

up until 15 December 2008, when YMAC’s Rule Book

was approved by oRIC in compliance with the new

Corporations (Aboriginal and torres Strait Islander) Act

2006 (CAtSI Act), its membership also included the

Chief executive officer, who acted as an ex-officio,

non-voting member.

Our Vision“Country”Country is our mother, our provider and keeper of our cultural belongings.Culture and Country go together. You can‘t have one without the other.

Our Missionto work with Yamatji and pilbara Aboriginal people to pursue:• Recognition and acceptance of Yamatji and pilbara culture in Country • A strong future for Yamatji and Pilbara people and Country

Our Aims• Ensure an enduring Heritage and Culture • Resolve Native Title Claims • Seek outcomes that provide a strong legacy for Yamatji and pilbara people

Our Values• Respect • Professionalism • Integrity • Honesty • Loyalty • Innovation

Our mission, vision and values

Kalbarri Gorges, Nanda country.

Yamatji Regional CommitteeDuring the reporting period the members of the Yamatji Regional Committee were:

Committee Member Meetings attended (out of four)

Roy Bellotti (Co-chairperson) 5Anthony Dann 1 not re-elected after

october 2008 AGM

Richard oakley 1 not re-elected after october 2008 AGM

peter Windie 5 Vince Jones 2Brian Jones 1 Kathleen Musulin 4 Colin Hamlet 1 not re-elected after

october 2008 AGM

Mavis Curley 5 Allen Mitchell 5 Fred taylor 0Vaughan lane 1 laurence Hodder 3 Wayne Warner 0 Doug Comeagain 0

Elected at October 2008 AGM

elvie Dann 4 Merle Dann 4 Susan oakley 4 Doug Ryder 4

the Yamatji Regional Committee held five meetings during this reporting period, four regular meetings and one joint meeting with the pilbara Regional Committee to discuss constitutional matters.

18

Pilbara Regional CommitteeDuring the reporting period the members of the pilbara Regional Committee were:

Committee Member Meetings attended (out of four)

Mrs eaton (Chairperson) 4neil Finlay 0Robyne Churnside 2nora Cooke 2Darren Injie 3terry Jaffrey 4natalie parker 3Andrew Daulbin Jnr 1David Wright 4toby Smirke 3les Stevens 1Roy tommy 2Jill tucker 1peter limerick 1

the pilbara Regional Committee held four meetings during this reporting period, three regular meetings and one joint meeting with the Yamatji Regional Committee to discuss constitutional matters. A fourth regular meeting was called but did not proceed due to lack of quorum.

Board of Directors

YMAC’s overall policy direction is provided by its

Board of Directors. the Board acts as an advocate for

traditional owners in the wider pilbara and Yamatji

regions, particularly in relation to government activities

affecting land as well as mining and development

issues. ultimately responsible for the performance of the

organisation’s statutory functions, the Board of Directors

is also accountable to the members of the organisation.

the Board of Directors is made up of members of the

organisation’s two Regional Committees. Six members

from each committee join to form the twelve-member

Board of Directors, providing equal representation of

the Yamatji and pilbara regions.

During the reporting period the Board of Directors’ members were:Yamatji member Meetings attended (out of eight)

Roy Bellotti (Co-chairperson from oct 08) 8Allen ‘Boyo’ Mitchell 8Kathleen Musulin 5peter ‘nyaparu’ Windie 7Merle Dann 4*Doug Ryder 4*Anthony Dann 3*Richard oakley 1*

Pilbara member Meetings attended (out of eight)

Mrs eaton (Co-chairperson from Apr 08) 6nora Cooke 4natalie parker 6toby Smirke 6terry Jaffrey 3Darren Injie 4

*this Board member has not been part of the Board of Directors for all of the reporting period and therefore was not required to attend all meetings.

the Board of Directors held eight meetings during the reporting period; four regular meetings, one special meeting for the financial statements, and three for internal governance or operational matters.

YMAC Board of Directors. Back, L-R: Terry Jaffrey, Nora Cooke, Toby Smirke, Nyaparu Windie. Front, L-R: Natalie Parker, Mrs Doris Eaton, Roy Bellotti, Allen ‘Boyo’ Mitchell. Absent: Anthony Dann, Darren Injie, Kathleen Musulin, Richard Oakley, Merle Dan and Doug Ryder.

Organisational Overview (Continued)

Executive Management Team

organisational performance management is the

function of the executive Management team, which

consists of six senior officers:

Chief Executive Officer

As Chief executive officer (Ceo), Simon Hawkins is

responsible for the implementation of the YMAC Strategic

plan and the overall management of the organisation,

on behalf of the Board of Directors. As YMAC’s public

officer, the Ceo is accountable to legislation that

determines the responsibilities and conduct of the

organisation. the Ceo ensures that the policies and

decisions of the Board and the Regional Committees

are implemented; that the organisation observes its

legal responsibilities and that it meets its obligations

under agreements entered into with other parties.

In promoting the interests of YMAC and its clients,

the Ceo lobbies government and industry for policy

change, as well as negotiate funding for existing and

new projects. this includes making presentations on a

range of topics affecting YMAC’s clients. the Ceo also

promotes the organisation through conferences and

other events.

Regional Managers

YMAC has two discrete regional divisions, the Yamatji

(Mid West, Murchison-Gascoyne) and Marlpa (pilbara)

regions, under the direction of Regional Managers,

Russell Simpson and nyaparu Jeffries, respectively.

As executive Management team members, they work

in partnership with the Ceo, plo, CFo and Director of

Heritage and Research to provide direction, guidance

and support to the Corporation’s key focus areas,

promoting activities within the region and our vision,

mission and values.

other key functions include developing and maintaining

strategic alliances across all sectors; managing special

projects; advocating and representing the native title rights

and interests of traditional owners; overseeing regional

operations, including managing the regional office and

staff; and developing and monitoring regional budgets.

Principal Legal Officer

As principal legal officer (plo), Michael Meegan

manages the legal operations of YMAC – in accordance

with the rules of the Native Title Act. In this role, Michael

advises on matters related to the ntA; associated

legislation and other Commonwealth and State laws;

and statutes affecting the interests of native title-holders

in the Murchison, Gascoyne and pilbara regions.

the position involves coordinating relationships

between the organisation and claimant groups;

intra-Indigenous mediation in relation to the claims

process; preparation and lodgment, progress

and resolution of native title claims and future

act processes. the role also includes assisting in

developing budgets and managing all legal and

future acts staff.

Director for Research and Heritage

the Director for Research and Heritage oversees

the progress of connection material research for the

claims represented by YMAC. the role involves

coordinating with native title claimants, anthropologists

and government to provide evidence to show

connection to land and sea country under traditional

law and custom. the Director for Research and

Heritage also manages one of the largest heritage

survey programs in Australia, develops budgets and

manages heritage and research staff.

the Director for Research and Heritage position was

held by Kim Barber until March 2009 with Jane Mollan

as Acting Director for Research and Heritage, for the

remainder of the reporting period.

Chief Financial Officer

Chief Financial officer (CFo), Stan Stylianou,

is responsible for overseeing the financial and

organisational requirements of YMAC. the CFo

provides financial and administrative advice to the

Board and Committees as well as ensuring that

organisational policies and procedures are developed

and implemented so that financial and administrative

obligations are met. the role also requires the

supervision of staff within the Corporate Services unit

which includes finance, administration and human

resources staff.

20Organisational Overview (Continued)

YMAC Board and management at the Nyangumarta determination, including; Principle Legal Officer; Michael Meegan, Pilbara Chairperson; Doris Eaton, Director; Natalie Parker, Nyaparu Rose, Yamatji Chairperson; Roy Bellotti and CEO; Simon Hawkins.

Business Units

Caring for Country

our Caring for Country program helps traditional

owners with the protection of sites, and assists in

the planning of natural Resource Management (nRM)

projects on their country.

Community Liaison

Community liaison officers (Clos) and project officers

(pos). these officers act as the bridge between

traditional owners and the organisation, ensuring that

cultural gaps are identified and addressed. Regional

staff work closely with Clos and pos in all aspects of

their work. this includes receiving guidance in relation

to cultural matters, as well as practical assistance when

convening meetings and executing documents.

Communications and Policy

YMAC is committed to having the interests of traditional

owners represented in public arenas and therefore

provides appropriate information to members,

stakeholders, government and the media.

Corporate Services

the Corporate Services unit provides administrative

services and support to YMAC and its operations.

the unit consists of finance, administration, human

resources and information management.

Economic, Business and Community Development:

economic and Business Development creates

community-based enterprises and assists traditional

owners with economic development initiatives. YMAC

help groups to identify their aspirations, assist with

the development of business ideas, plans and job

placement. this includes working to develop project

plans and corporate structures for the management of

their communities. YMAC also works with local, State

and Commonwealth agencies, resources companies

and other organisations on future community

development.

Legal & Future Acts

native title is a legal proceeding. Resolving native title

is a complex and time-consuming process that involves

the recognition of two systems of law; the traditional

law and custom of Aboriginal people; and the Australian

common law and statute law.

YMAC’s legal teams service the 24 claims that YMAC

currently represents. lawyers take their instructions

from native title claim working groups and are the

legal contact point between native title claimants

and YMAC. they prepare legal opinions, documents,

appear in court, prepare briefs and provide general

legal assistance to our members.

A ‘Future Act’ is a proposed activity that might affect

country such as mining, exploration, fishing, tourism or

other developments. Western Australia’s resource boom

has resulted in high volumes of Future Act work on Yamatji

and Marlpa Country. under the Native Title Act 1993,

includes the right to be consulted about development

decisions on Country. YMAC’s Future Acts staff provides

legal and other professional services to assist native title

groups with their Future Act negotiations.

Research & Heritage

the Research and Heritage unit comprises a

range of qualified staff including Anthropologists,

Archaeologists and other highly skilled professionals.

Anthropologists work closely with the Clos and pos,

conducting research to progress claims towards

determination. this includes genealogical research,

cultural mapping and analysis of ‘laws and customs’

as outlined in the Native Title Act.

When a company wants to access Country for

development or mining they must first undertake a

survey to find out if there are any Aboriginal heritage

sites in the area. native title claim groups make the

decision on heritage survey teams and who represents

a particular area of country. As some of these services

are not funded, heritage work operates largely on a

cost recovery basis.

22Organisational Overview (Continued)

YMAC would like to acknowledge our

Development projects partners: newcrest

Mining ltd, Indigenous land Corporation,

Mount Gibson Iron, Arc energy limited,

Harmony Gold, the Water Corporation,

Giralia Resources, the Shires of Greenough

and Shark Bay, Indigenous Coordination

Centres and the national Heritage trust.

YMAC’s Nyaparu Jeffries, Nyaparu Rose and Cris Olegario.

YMAC staff on Bunjima country.

24

Role and Functions

Facilitation and Assistance

YMAC strives to provide its clients with best practice

standards in relation to representation of their native

title claims and beyond.

In doing this, it meets and exceeds its requirements as

a native title representative body to:

• Research and prepare native title applications.

• Assist native title claimants in consultations,

mediations, negotiations, and proceedings relating

to native title.

During the reporting period YMAC has focused on

undertaking comprehensive anthropological research and

the completion of connection reports with appropriate

Anthropological and legal review. YMAC is committed to

providing the best possible outcome to the traditional

owners it represents by the resolution of native title claims

in a certain and comprehensive manner.

Where appropriate, YMAC participates in mediation

with the native title groups it represents with overlapping

claims. Where necessary, YMAC has taken action to strike

out or list matters for trial where it considers this is the

most appropriate course of action to resolve outstanding

native title claims.

Providing Assistance

During the reporting period, YMAC provided legal,

research and mediation assistance to the 24 claims

within the pilbara and Yamatji region.

YMAC will not provide assistance to a new claim that

overlaps with an existing assisted claim without the

consent of the existing claim. once assistance is

approved, YMAC will assess its priorities which will, in

turn, determine the direction of its activities. A number

of new claims have been authorised by groups on areas

where overlaps do not exist.

the type and level of assistance provided will be

reviewed on an ongoing basis and will depend on a

number of factors including:

• The need to comply with relevant Federal Court orders.

• The overall level of resources available to the

organisation.

• The ranking assigned to each claim through

the claim appraisal and review process.

Certification

As part of its role as a native title representative body,

YMAC continues to provide assistance with certification

of native title claim determinations, as well as regarding

the certification of Indigenous land use Agreement

(IluA) registrations. Specifically, its functions include to:

• Certify, in writing, applications for determination of

native title relating to areas of land or waters, which

are wholly or partly within the representative area.

• Apply for the registration of an ILUA which certifies

that all the persons identified as having native title

interests in the area have authorised the IluA’s

making. YMAC has adopted a certification procedure

in compliance with the Native Title Act – in particular,

with section 202Be (2) of the Act.

Dispute Resolution

the process of gaining recognition of native title, future

act and heritage matters all affect traditional owners

deeply because of their relationship to Country. these

processes often raise difficult issues for native title

claimants to consider and make decisions about. Very

often these matters involve argument, contestation and

dispute and YMAC staff are called upon to assist with

these matters.

During the reporting period, YMAC has been constantly

challenged by the desire to honour each person

involved in the native title process, while at the same

time fulfilling its functions under the ntA to assist those

persons who may hold native title.

Mediation Programs

During the reporting period YMAC has actively

participated in mediation as part of its commitment

to resolving native title claims. these mediations

have occurred with staff, consultants and also with

the assistance of the national native title tribunal.

the process of mediation in native title involves many

parties. YMAC uses a range of strategies to assist in the

mediation process including meeting separately with

individuals and families at their homes or on country. this

can include the participation of in-house and consultant

anthropologists and lawyers and other alternative dispute

resolution practitioners as required.

native title mediation can be contrasted with

mainstream mediation which often involves only two

parties negotiating fairly discreet issues where there

is common understanding of the issues, context and

language. native title mediation often involves a clash

of culture as claimants struggle to understand and

mediate issues relating to the resolution of native title

claims often in circumstances where the Act fails to

accommodate the complex nature of the traditional law,

culture and country.

Prescribed Bodies Corporate

YMAC continues to provide assistance to prescribed

Bodies Corporate from time to time in accordance with

its native title Act functions.

25

26

Corporate Governance

Regular reporting to the Board, committees,

stakeholders, management and funders ensures

that the strategic direction is maintained. the YMAC

constitution is strengthened by sound and clear policies

and procedures which are consistently applied.

YMAC’s governance was further strengthened in

2008/09 with the introduction of the organisation’s new

rulebook, framed to comply with the introduction of

the Corporations (Aboriginal and Torres Strait Islander)

Act. this new legislation enhances governance and

accountability for Aboriginal Corporations.

YMAC has an effective and efficient financial

management system and framework which is

robust and transparent. Regular reporting within

the organisation adheres to all applicable statutory

requirements including the native title Act, all tax Acts

and relevant State Acts.

We also adhere to Australian Accounting Standards,

with the two senior finance personnel suitably qualified

with continuing professional development obligations.

YMAC acknowledges support from FaHCSIA and

the receipt of additional targeted funding for priority

areas to counter the significant increase in input

costs and to be able to meet the demands of

progressing native title outcomes.

However, in view of the continuing high level of

activity, the organisation continues to wrestle to

maintain or reduce cost levels in regions where

the Consumer price Index is well above the

Australian average. Facilities and services such as

accommodation, housing and travel have become

more difficult to procure at a reasonable cost.

YMAC is governed by complementary frameworks to ensure the organisation is effective; delivers quality outcomes; and is efficient in its use of its resources to deliver services. Staff are employed to deliver outputs that align with the Strategic Plan and Operational Plans and comply with all relevant statutory and regulatory requirements.

Planning

Both divisions of YMAC conduct planning sessions,

which begin in February and culminate in May, when

an annual operational planning document forms the

main part of our submission to the Commonwealth

for funding and approval of native title activities in the

following financial year.

Reviews are performed in December, April and August

and are submitted to the Department of Families,

Housing, Community Services and Indigenous Affairs

(FaHCSIA). Internal planning and operational reviews

take place at the same time to ensure that our activities

continue to be aligned to the operational plan. the

operational plans are linked to the YMAC Strategic plan,

which is reviewed and updated every three years.

Reporting

Regular reporting on multiple levels both externally and

internally ensures that theorganisation is well managed,

and that risks are identified and managed appropriately.

A policy and procedure Manual, endorsed by the

Board of Directors, provides a framework for effective

governance including appropriate and conservative

delegations. external auditors are appointed to give

assurance to the Board that financial matters are

performed to the requisite standard.

Risk Assessment

YMAC has monthly financial and operational meetings

with relevant staff and managers to assess current

performance and operations. From these meetings,

possible risks are identified and action plans are made

to mitigate against, or to eliminate, risk. these meetings

are held at different levels, ranging from operational

staff to senior management, with strategic risks taken

to a Board level.

Complaints

the principal mechanism for dealing with complaints

about the services provided by YMAC are the native

title claim working groups, which act as a clearing

house for most issues. on the few occasions when a

complaint cannot be dealt with at a working group, or

the complainant is not a current client of YMAC, then

a formal complaint can be made to the organisation

pursuant to current policies and procedures. Specific

procedures exist in relation to clients or constituents

seeking review of decisions made by YMAC, which are

designed to ensure that the complainant is dealt with

fairly and impartially. A two page document entitled “If

you have a complaint / Application for Internal Review”

is available at all offices for client’s use. YMAC received

eight complaints in 08/09, five of which are resolved

and three pending.

Staffing Levels

the organisation has core long-serving staff with

service of five to nine years, but generally staff turnover

averages around 12 to 24 months.

In the reporting period, recruitment costs have reduced

by 70%, turnover has decreased and there are more

qualified and experienced lawyers, anthropologists

and other categories of staff now available. the lack

of infrastructure and increased cost of living means it

continues to be costly and difficult to source staff for

the pilbara region, although this has slightly improved

in the last six months as a result of economic downturn

in the region.

27

Workforce planning takes account of YMAC’s strategic

and operational plans and its organisational structure.

During this reporting period, the resource boom

resulted in the employment of additional staff in order to

meet the increasing workload in claims, future acts and

heritage. At the end of the reporting period, YMAC

had a total of 107 staff, with the following breakdown:

Full-time 89 part-time 9 Casual 9 professionals 38 Male 37 Female 70

Staff Education and Training

YMAC works to provide committee members and staff with

appropriate training and educational opportunities, adding

to the skills-base from which the organisation can draw.

Staff training included attendance of the 2009 native

title Conference by selected staff; the YMAC All-Staff

training in February 2009; and individual staff training

and professional development, where necessary,

to assist staff in the performance of their duties. A

significant number of staff also participated in cross-

cultural training held in the Yamatji region. In 2009

selected Indigenous staff also participated in leadership

training and a coaching program. legal staff are

required to obtain Continuous professional Development

(CDp) points to renew their practice certificates each

year. In response to this YMAC has achieved Quality

Assurance status as a recognised provider of CDp

training, and has been able to provide other ntRBs

with CDp training for their staff.

Board of Directors and Committee Training

providing training opportunities for Board and

Committee members continues to be a priority

for YMAC. In the reporting period, selected Board

members and Regional Committee members attended

a three-day oRIC-funded governance training

workshop in perth (March) and Karratha (April).

Selected Board members also attended the 2009

national native title Conference held in Melbourne

in June. the pilbara Regional Committee attended

governance training provided by FaHCSIA in February.

Due to sorry business, the Yamatji Regional Committee

was re-scheduled to attend governance training by

FaHCSIA in August 2009.

28Corporate Governance (Continued)

Salary awards

the (then named) YMBBMAC Certified Agreement

was ratified in november 2005 and the three year

term finalized in november 2008. the organisation

has commenced negotiations with the staff and union

for a new collective agreement to succeed the 2005

Agreement. YMAC is under constant pressure to

meet mining industry salary levels in order to secure

experienced and qualified staff.

Salary levels

the salary structure of YMAC staff is based on the

YMBBMAC Certified Agreement 2005, with the

exception of some senior staff who are on negotiated

salaries. the salary structure forms part of the

negotiations for a new collective agreement to succeed

the 2005 Agreement.

Occupational Health and Safety

there were no reported issues during the reporting

period. 4WD and first aid training for new staff

continues to be provided, with refreshers for existing

staff. Individual training in occupational Health and

Safety was provided in this financial year. policies

and procedures continue to be reviewed to ensure

compliance.

Codes of Conduct

the organisation has a code of conduct, signed by each

member of staff as well as a policy and procedures

manual, which contains YMAC’s code of ethics.

Consultancy Services

YMAC actively pursues value for money for the

provision of all its services and always seeks to obtain

at least three quotes. Many corporate services are

outsourced, enabling YMAC to reduce risk and to

access specialist services. In the 2008/09 reporting

period YMAC engaged 67 consultants to undertake

consultancy work at a cost of $5,847,978.70

Consultants are used when there is a requirement for

specialised services which cannot be met by YMAC

staff due to insufficient in-house resources, or where

independent advice is required.

YMAC staff attend cross cultural training on Malgana country.

30

Native Title Claim UpdatesYamatji Region

Amangu

31

the Amangu native title claim covers approximately

27,388 kilometres of land and sea in the Gascoyne/

Murchison region. It lies in the City of Geraldton and the

Shires of Carnamah, Chapman Valley, Greenough, Irwin,

Mingenew, Morowa, Mullewa, northampton, perenjori,

three Springs and Yalgoo.

Native Title Claim Progress: At the start of the

reporting period the Amangu claim was overlapped by

the naaguga, taylor, Franks, Widi Mob, Widi Binyardi

and Mullewa Wadjari claims. YMAC made significant

progress during the year towards resolving some of

these overlap issues.

on 24 June 2008, YMAC made submissions to the

Federal Court in the then unregistered taylor, Widi Mob

and Widi Binyardi claims, pursuant to s 190F(5) and (6)

of the native title Act. these sections were introduced

into the Act by the amendments made in June 2007.

YMAC’s submissions referred to its discussions with

the state and other parties about a proposed Alternative

Settlement Agreement under s86F of the Act, to resolve

native title claims in the Southern Yamatji region, and

the potential impact of the unregistered claims on

those discussions. on 12 november 2008, the Federal

Court ordered that the taylor, Widi Mob and Widi

Binyardi claims be dismissed. the Widi Mob claim was

subsequently given leave to file an amended claim.

YMAC made submissions to the Federal Court in

relation to the Franks claim, pursuant to s84D of the

native title Act. YMAC’s submissions are in support

of orders that the Franks claim provide evidence to

the Court as to its proper authorisation. the Federal

Court adjourned YMAC’s application to enable the

parties to explore a negotiated settlement. YMAC met

with the applicants for the Franks claim in July 2009

and good progress has been made with a negotiated

settlement likely. the Federal Court has adjourned the

matter to 17 December 2009.

Future Act Developments: there are a number of large negotiations underway

in relation to infrastructure, including for the oakajee

port and Rail and a mining company’s proposed

infrastructure for the mine.

During the reporting period, YMAC assisted

the Amangu to negotiate both heritage, and

comprehensive native title agreements in a range

of matters including for mining, infrastructure and

petroleum exploration companies.

Additional Progress: YMAC assisted the Amangu during

the reporting period to prepare for the establishment of

the Amangu trust. It is expected an Amangu trust will be

established in the second half of 2009.

FaHCSIA Meetings:

23 Aug 2008 Community Meeting 27 oct 2008 Working Group Meeting 28 Jan 2009 Community Meeting 26 Feb 2009 Working Group Meeting

Additional Meetings:

8 oct 2008 Future Act negotiation Meeting18 nov 2008 ½ Day Working Group Meeting, ½ Day

negotiation Meeting 03 Dec 2008 Future Act negotiation Meeting 27 Jan 2009 ½ Day Working Group Meeting, ½ Day

negotiation Meeting02 April 2009 Future Act negotiation Meeting

Amangu country.

32 33

Amangu, Hutt River and naaguja (Geraldton Claim negotiation)

YMAC represents the Amangu, naaguja and Hutt River

native title claims, which cover an area of approximately

34,000 square kilometres in the Southern Yamatji

region. the external boundary of the three claims

extends from northampton, south to eneabba, and east

to perenjori and Yalgoo

Native Title Claim Progress: YMAC has been

in discussions with the State about the potential

for an alternative settlement of the claims in this

region under s86F of the native title Act. YMAC

has conducted research relevant to the Amangu,

naaguja and Hutt River claims for the purpose of

an alternative settlement.

In addition to the Amangu, naaguja and Hutt River

native title claims, there are five other native title claims

that overlap parts of the Alternative Settlement area.

In May of this year YMAC received notice from the

office of native title stating that it was prepared

to enter into negotiations regarding the Alternative

Settlement. As part of the negotiations, a package of

land and other benefits would be negotiated instead of

native title.

YMAC has made substantial progress towards an

Alternative Settlement Agreement during the reporting

period, with further negotiations and meetings

scheduled for 2009/10.

the Badimia native title claim covers approximately

36,129 square kilometres of land in the Geraldton

region. It lies in the Shires of Cue, Dalwallinu, Menzies,

Mount Magnet, Mount Marshall, perenjori, Sandstone,

Yalgoo and Yilgarn in the Gascoyne/Murchison region.

Native Title Claim Progress: the State government

advised YMAC that connection material provided to

date did not meet the State’s guidelines. However,

the State indicated that with the provision of some

“further targeted information” it was possible that the

requirements for those guidelines may be met.

YMAC provided that further information in June, by way

of an oral presentation to the State and the office of

native title (ont) by YMAC’s appointed anthropologist.

unfortunately, the State’s reply to our final presentation

was that the connection material we have provided still

does not meet the State’s guidelines and, accordingly,

the State has refused to make a positive determination

on the Badimia native title claim. YMAC will continue

to support and advise the Badimia claimants on

available options and next steps.

Future Act Developments: During the reporting

period, the Badimia applicants entering into seven

“small-scale” mining agreements with various miners

and prospectors. there is also a current mining

agreement with the Asia Iron Holdings and Mt Gibson

partnership, in relation to an iron ore mining project.

FaHCSIA Meetings:

19 July 2008 Community Meeting13 Aug 2008 Working Group Meeting14 Aug 2008 Working Group Meeting03 Dec 2008 Working Group Meeting 04 Dec 2008 Working Group Meeting 18 Mar 2009 Working Group Meeting19 Mar 2009 Working Group Meeting

Additional Meetings:

23 Jan 2009 ½ Day Working Group Meeting, ½ Day Future Act negotiation Meeting

Badimia

Badimia country.

the Budina native title claim covers approximately

4,096 square kilometres of land in the Gascoyne/

Murchison region. It lies in the Shires of Ashburton,

Carnarvon and upper Gascoyne.

Native Title Claim Progress: In June 2009, the group

commenced connection research with a consultant

anthropologist. the Budina claim group attended a

scoping conference convened by the national native

title tribunal with the respondents to their claim, where

they discussed entering into negotiations towards

Indigenous land use Agreements with pastoralists.

FaHCSIA Meetings:

31 oct 2008 Community Meeting

29 June 2009 ½ Day nntt Scoping Conference

29 June 2009 ½ Day Working Group Meeting

eastern portion of Representative Area

Native Title Claim Progress: no work to date has been conducted in relation to this area. It is proposed to

retain a consultant to conduct preliminary anthropological research on this area in the 09/10 financial year.

the Gnulli native title claim covers approximately

87,876 square kilometres of land and sea in Gascoyne/


Carnarvon, exmouth, Shark Bay and upper Gascoyne.

Native Title Claim Progress: Gnulli have been looking

forward to the commencement of their connection

research. on the final day of the reporting period, YMAC’s

consultant anthropologist commenced his research trip.

Future Act Developments: the working group has

been working hard to progress the steady amount

of major and minor future acts that are taking place

within the Gnulli claim. the Gnulli working group has

consistently raised concerns for Aboriginal heritage

protection and have also conducted a number of

heritage surveys over the year.

FaHCSIA Meetings:

30 July 2008 Working Group Meeting

16 oct 2008 Working Group Meeting

25 nov 2008 Community Meeting

25 Mar 2009 Working Group Meeting

Additional Meetings:05 Aug 2008 Future Act negotiation Meeting

17 Sep 2008 Future Act negotiation Meeting

18 Sep 2008 Future Act negotiation Meeting

30 June 2009 nntt Scoping Conference

34 35

Budina country. Gnulli country.

GnulliBudina

Hutt River Malgana

the Malgana claim covers approximately 36,072

square kilometres of land and sea in the Gascoyne/

Murchison region. It lies in the Shires of Carnarvon,

Murchison, Shark Bay and upper Gascoyne.

Native Title Claim Progress: the Malgana claim

group held a scoping conference convened by the

national native title tribunal with the respondents to

their claim, including a number of pastoralists and the

Western Australia Fishing Industry Council. the Malgana

community meeting, held in February 2009, was well

attended by the community and very productive.

they have been working to progress the negotiations

over Dirk Hartog Island, and have been discussing

the establishment of a corporation and/or trust for

their claim group.

Future Act Developments: the Malgana claim

group has entered into approximately 15 heritage

agreements in the last twelve months, and continue

to work hard to protect their heritage sites,

particularly in areas of high development.

FaHCSIA Meetings: 16 July 2008 Working Group Meeting FaHCSIA10 Dec 2008 Working Group Meeting FaCSIA21 Jan 2009 Working Group Meeting FaSCIA 10 Feb 2009 Community Meeting FaCSIA 22 April 2009 Working Group Meeting FaCSIA

Additional Meetings: 15 July 2008 Future Act negotiation Meeting 09 Dec 2008 Future Act negotiation Meeting21 April 2009 nntt Scoping Conference

the Hutt River claim covers approximately 5,893 square kilometres of land and sea the Gascoyne/Murchison region. It lies in the Shires of Chapman Valley and northampton.

Native Title Claim Progress: Hutt River has been considering an alternative settlement with the State of Western Australia. Members are interested in seeing how this unfolds over the coming year.

Future Act Developments: the Hutt River working group have considered and entered into 5 agreements heritage agreements (affecting 7 tenements) for exploration within the Hutt River claim.

FaHCSIA Meetings: 26 Sep 2008 Working Group Meeting03 nov 2008 Working Group Meeting 18 May 2009 Working Group Meeting 18 June 2009 Community Meeting

36 37

Hutt River country.

Malgana country.

nanda

the nanda native title claim covers approximately 23,110

square kilometres of land and sea in the Gascoyne/

Murchison region. It lies in the Shires of Chapman Valley,

Mullewa, Murchison, northampton and Shark Bay.

Native Title Claim Progress: Funding is still being

provided for the preparation of a connection report.

to date, the focus on genealogies by several members

of the working group has deflected any investigation

into the strength of this claim against the current

native title legal requirements for a determination of

native title. YMAC engaged an anthropologist who

has been conducting interviews with nanda people

on country for some time and is close to completing

research. Following completion of the Connection

Report, YMAC will convene a community meeting to

consider the makeup of the working group, the results

of the connection report and the future direction of

the nanda claim group.

FaHCSIA Meetings: nil* * In August 2008, the YMAC Board of Directors considered the issues regarding the Nanda working group, particularly the inability to conduct regular and effective meetings. It passed a resolution to withdraw YMAC’s services and funding for future acts and heritage matters, but will continue to provide funding for the preparation of a connection report. In March 2009, the Yamatji Regional Committee recommended that Nanda working group meetings resume, provided that members and their proxies comply with certain conditions, including the signing of a code of conduct. Only one working group member formally responded and, as such, working group meetings have remained suspended until further notice.

naaguja

the naaguja claim covers approximately 5,581

square kilometres of land and water in the Gascoyne/

Murchsion region. It lies in the City of Geraldton and the

Shires of Chapman Valley, Greenough, Irwin, Mullewa

and northampton. It includes the town site of Geraldton.

Native Title Claim Progress: see ‘Geraldton Claim

Negotiation’ page 32.

Future Act Developments: the reporting period

saw naaguja applicants sign a native title commercial

agreement with a mining company which is seeking

to develop mining operations at extension Hill.

Compensation and benefits to the naaguja people under

the agreement include financial benefits, employment

and contracting opportunities and Aboriginal cultural

awareness training for MGMp employees.

the largest future acts project currently planned

on naaguja country is the oakajee port and Rail

infrastructure project. Discussions are also underway to

finalise a draft heritage protocol and draft negotiation

framework agreement.

FaHCSIA Meetings: 16 Sep 2008 Working Group Meeting

23 April 2009 Working Group Meeting

24 April 2009 Community Meeting

Additional Meetings: 08 oct 2008 Future Act negotiation Meeting

27 Jan 2009 ½ Day Working Group Meeting, ½ Day

Future Act negotiation Meeting

23 June 2009 Future negotiation Meeting

38 39

Nanda country.

Naaguja country.

40 41

thudgari Wajarri Yamatji

the thudgari native title claim covers approximately

11,280 square kilometres of land in the Gascoyne/


Carnarvon and the upper Gascoyne.

Native Title Claim Progress: the priority for the

thudgari claim for the reporting period has been to

progress towards a consent determination of native

title. this has involved the working group and claim

group holding a number of meetings to address issues

such as the draft form of a determination, negotiation

of Indigenous land use Agreements with pastoralists,

and the establishment of a prescribed Body Corporate.

Significant progress has been made towards the

consent determination, which is expected to occur in

the next financial year.

Future Act Developments: towards the end of the

2008-09 financial year, the thudgari claim group voted

to change the way it handles its future acts and heritage

matters, and these matters are now being dealt with by

a third party corporation. YMAC is therefore no longer

responsible for providing future acts or heritage services,

but remains the solicitor on the record.

FaHCSIA Meetings: 24 nov 2008 Working Group Meeting25 nov 2008 Working Group Meeting26 nov 2008 nntt Mediation Meeting27 nov 2008 Working Group Meeting09 Mar 2009 Working Group Meeting 23 Jun 2009 Community Meeting 24 Jun 2009 Community Meeting

the Wajarri Yamatji native title claim covers

approximately 100,701 square kilometres of land in

the Gascoyne/Murchison region. It lies in the Shires

of Chapman Valley, Cue, Meekatharra, Mount Magnet,

Mullewa, Murchison, northampton, Shark Bay, upper

Gascoyne and Yalgoo. this claim combines the Wajarri

elders and the ngoonooru Wadjari claims.

Native Title Claim Progress: During the reporting

period, the Wajarri Yamatji claimants have also

moved further along the path to native title. YMAC’s

consultant anthropologist spent many months in the

region researching and drafting a Connection Report

for presentation to the State. the Wajarri Yamatji

working group also commenced discussions in 2009

(under the auspices of the nntt) with the Mullewa

Wadjarri claim to resolve a large overlap.

Future Act Developments: the Wajarri Yamatji

claimants finalised two ‘area’ Indigenous land use

Agreements (‘IluAs’), both of which we hope will be

registered by the end of 2009. Currently, only five such

area IluAs exist in WA. Most notable was the Murchison

Radio-Astronomy observatory (‘MRo’) IluA, a truly

ground-breaking and long-term deal between Wajarri

Yamatji, the State and Federal Governments, the CSIRo

and YMAC. the MRo IluA will provide Wajarri Yamatji with

best practice corporate structures, unique educational

benefits, and significant financial benefits. It also sets

a framework for future negotiations concerning the

development of the $2.5 billion International SKA project.

At the start of 2009, Wajarri Yamatji commenced

negotiations regarding the development of the largest

mining and infrastructure projects in the history of

the region. this includes the oakajee port and Rail

project and Sinosteel-Midwest’s Weld Range project.

negotiations also occurred and continue with two

iron ore companies and a number of uranium companies

regarding the exploration and or development of mineral

deposits on Wajarri Yamatji country.

FaHCSIA Meetings: 17 July 2008 Working Group Meeting 18 July 2008 Working Group Meeting 15 Aug 2008 Working Group Meeting 05 Sep 2008 ½ Day Working Group Meeting 09 oct 2008 Working Group Meeting 10 oct 2008 ½ Day Working Group Meeting 21 oct 2008 Community Meeting 15 nov 2008 Community Meeting (office of

native title and proponent Funded) 02 Dec 2008 Working Group Meeting 28 Feb 2009 Community Authorisation Meeting

(office of native title funded) 12 Mar 2009 Working Group Meeting 02 May 2009 Community Meeting

Additional Meetings: 19 July 2008 Future Act negotiation Meeting 21 July2008 Applicants negotiation Meeting 16 Aug 2008 Future Act negotiation Meeting12 Sep 2008 Future Act negotiation Meeting10 oct 2008 ½ Day Future Act negotiation Meeting 16 oct 2008 Future Act negotiation Meeting24 oct 2008 Future Act negotiation Meeting03 nov 2008 ASKAp negotiation team Meeting

(FaCSIA funded) 13 nov 2008 Future Act negotiation Meeting08 Dec 2008 Future Act negotiation Meeting09 Dec 2008 Business Workshop 10 Dec 2008 Business Workshop 04 Feb 2009 Future Act negotiation team Meeting 12 Feb 2009 Future Act negotiation Meeting24 Feb 2009 Future Act negotiation Meeting03 Mar 2009 Future Act negotiation Meeting22 April 2009 Future Act negotiation Meeting13 May 2009 Future Act negotiation Meeting14 May 2009 Future Act negotiation Meeting19 May 2009 Future Act negotiation Meeting08 Jun 2009 Mediation nntt Funded 11 Jun 2009 Future Act negotiation Meeting

Thudgari country.

Native Title Claim Progress: YMAC received a request

for assistance from members of a proposed West

Badimia claim in 2007. During the reporting period,

YMAC requested assistance from the nntt to prepare

a map and area description for the proposed claim.

YMAC has conducted preliminary research into the West

Badimia claim and has offered to continue to assist the

West Badimia claimants in the preparation of a claim.

42 43

West Badimia

Yugunga-nya

the Yugunga-nya native title claim covers


the Gascoyne/Murchison. It lies in the Shires of Cue,

Meekatharra, Mount Magnet, Sandstone and Wiluna.

the Yugunga nya native title claim is a registered claim

falling within the Shires of Cue, Meekatharra, Mount

Magnet, Sandstone and Wiluna.

Native Title Claim Progress: YMAC conducted

initial research into the Yugunga nya claim, preliminary

to connection report preparation, in 2004. Further

research work is tentatively scheduled to take place

in the first half of 2010.

YMAC, with assistance from the nntt, enabled the

Yugunga nya to map a 3km exclusion zone around

the highly significant registered site of Yagahong Hill.

the written description and map for the exclusion zone

have been successfully incorporated into a number

of future act agreements.

the Yugunga nya claim is overlapped by the Wutha

native title claim. In accordance with Federal Court

ordered protocols, YMAC had participated in formal

mediation with the state and the Wutha claim

group during the first half of 2008. Mediation was

not successful and the nntt recommended to the

Federal Court that mediation cease. the Federal Court

subsequently ordered that mediation be terminated.

During the reporting period, YMAC filed submissions

in the Federal Court seeking orders pursuant to s 84D

of the native title Act that the Wutha claim provide

evidence to the Court as to their proper authorisation.

the Federal Court heard from all relevant parties on 28

July 2009 and has reserved its decision.

Future Act Developments: YMAC continues to assist

the Yugunga nya claim in relation to a large number of

heritage agreements for minor future acts, as well as

a number of comprehensive native title agreements for

mining applications. the majority of matters relate to

sole operator explorers, prospectors and miners, but the

claim has also seen an increase this year in tenement

applications made by publicly listed companies. A

decrease in the number of future act notices received

this year has allowed parties to make good progress

towards clearing a back log of future act matters.

FaHCSIA Meetings: 16 July 2008 Working Group Meeting 29 oct 2008 Working Group Meeting 04 Mar 2009 Working Group Meeting 06 May 2009 Community Meeting

ugunga-Nya country.

4544

Native Title Claim UpdatesPilbara Region

Gobawarrah Minduarra Yinhawangka

the Gobawarrah Minduarra Yinhawangka native title claim

covers approximately 8,891 square kilometres of land in

the pilbara region. It lies in the Shires of Ashburton, east

pilbara, Meekatharra and upper Gascoyne.

Native Title Claim Progress: the Gobawarrah

Minduarra Yinhawangka native title claim was heavily

involved in connection research with staff and a

consultant Anthropologist in the 2008-2009 financial

year as part of the pilbara Connection project, with

members attending field trips and providing information

to internal anthropologists and consultants. Gobawarrah

Minduarra Yinhawangka members have also met with

other native title claim groups to resolve overlaps.

Future Act Developments: the Gobawarrah

Minduarra Yinhawangka claim group has been working

hard to progress negotiations with a large mining

company in relation to Benefit Management Structures.

FaHCSIA Meetings: 11 Sept 2008 Community Meeting1 oct 2008 Community Meeting6 April 2009 Community - pilbara Connection project 27 May 2009 Community - pilbara Connection project 28 May 2009 Community - pilbara Connection project 16 June 2009 12 Selected Members – Community -

pilbara Connection project 24 June 2009 Community – Community - pilbara

Connection project 26 June 2009 Working Group Meeting - Community

- pilbara Connection project

Additional Meetings: 23 July 2008 trust & Capacity Design Meeting 28 July 2008 Future Act negotiation Meeting15 Aug 2008 Future Act negotiation Meeting16 Aug 2008 Future Act negotiation Meeting25 Aug 2008 Design Group – Future Act

negotiation Meeting26 Aug 2008 Design Group – Future Act

negotiation Meeting6 oct 2008 Design Group – trust & Capacity

Design Meeting 15 oct 2008 Future Act negotiation Meeting16 oct 2008 Community Meeting – Future Act

negotiation2 Dec 2008 Community Meeting - trust &

Capacity Design Meeting3 Dec 2008 Future Act negotiation Meeting4 Dec 2008 Future Act negotiation Meeting19 Jun 2009 Implementation Committee – RtIo

Gobawarrah Minduarra Yinhawangka country.

46 47

Innawonga

the Innawonga and Bunjima claim covers approximately

19,567 square kilometres of land in the pilbara region.

It lies in the Shires of Ashburton and east pilbara.

Native Title Claim Progress: this claim is part of the

pilbara Connection project. Following connection research

carried out by staff and a consultant Anthropologist a

connection report was completed in February 2009.

A number of mediation meetings regarding overlapping

claims were held with the assistance of the nntt,

during the reporting period.

A connection report was finalised in June 2009. YMAC

representatives have been mediating with overlapping

native title parties during the reporting period.

Future Act Developments: A multiple project Binding

Initial Agreement was finalised with a major Iron ore

producer and mid level Iron ore Agreement was finalised

during the reporting period.

FaHCSIA Meetings:12 Aug 2008 Working Group Meeting7 oct 2008 Community Meeting25 Feb 2009 Community Meeting –pilbara

Connection project 24 Mar 2009 Working Group Meeting3 April 2009 Mediation team – pilbara Connection

project5 May 2009 Working Group Meeting8 May 2009 Mediation team – pilbara Connection

project19 May 2009 Community Meeting – pilbara

Connection project20 May 2009 Community Meeting - pilbara

Connection project21 May 2009 Mediation team– pilbara Connection

project

9 June 2009 Community Meeting – pilbara Connection project

23 June 2009 Community Meeting – pilbara Connection project

25 June 2009 perth Meeting - pilbara Connection project

Additional Meetings: 21 July 2008 Future Act negotiation Meeting –

Community25 July 2008 trust & Capacity Design Meeting28 July 2008 Future Act negotiation Meeting13 Aug 2008 Future Act negotiation Meeting14 Aug 2008 Future Act negotiation Meeting15 Aug 2008 Future Act negotiation Meeting3 Sept 2008 Future Act negotiation Meeting4 Sept 2008 Future Act negotiation Meeting 15 Sept 2008 trust & Capacity Design Group 16 Sept 2008 trust & Capacity Design Group 6 oct 2008 Future Act negotiation Meeting20 0ct 2008 trust & Capacity Design Group21 oct 2008 trust & Capacity Design Group27 oct 2008 Future Act negotiation Meeting28 oct 2008 Future Act negotiation Meeting –

Community5 nov 2008 Future Act negotiation Meeting 6 nov 2008 Future Act negotiation Meeting14 nov 2008 trust & Capacity Design Meeting1 Dec 2008 Future Act negotiation Meeting2 Dec 2008 Future Act negotiation Meeting 3 Mar 2009 Future Act negotiation Meeting23 Mar 2009 Future Act negotiation Meeting25 Mar 2009 Future Act negotiation Meeting –

Community17 June 2009 Future Act Implementation Committee

Innawonga and Bunjima

the Innawonga claim covers approximately 4,167

square kilometres of land in the pilbara region. It lies in

the Shires of Meekatharra and Ashburton.

Native Title Claim Progress: the Innawonga claim

was heavily involved in connection research with staff

and consultant Anthropologists in the 2008/2009

financial year and were actively involved in inter and

intra-indigenous mediations regarding inter alia claim

group composition and boundaries.

Future Act Developments: Continuing future

act negotiations with major and mid level mining

companies, trust Design and Capacity workshops,

heritage responsibilities and minor future acts.

Additional: Following four trust and Capacity Design

meetings with consultants, the Group has designed a

model for a proposed Benefits Management Structure.

FaHCSIA Meetings:15 Aug 2008 Community Meeting15 Sept 2008 Community Meeting8 April 2009 Community Meeting – FaHCSIA and

pilbara Connection project 27 May 2009 Community Meeting – pilbara

Connection project28 May 2009 Community Meeting – pilbara

Connection project16 June 2009 12 Selected Members –pilbara

Connection project24 June 2009 Community Meeting – pilbara

Connection project

Additional Meetings: 28 July 2008 trust & Capacity Design Meeting31 July 2008 Future Act negotiation Meeting11 Aug 2008 trust & Capacity Design Group12 Aug 2008 trust & Capacity Design Group15 Aug 2008 Future Act negotiation Meeting20 Aug 2008 Future Act negotiation Meeting21 Aug 2008 Future Act negotiation Meeting1 Sept 2008 trust & Capacity Design Group2 Sept 2008 trust & Capacity Design Group4 Sept 2008 Future Act negotiation Meeting18 Sept 2008 Future Act negotiation Meeting22 Sept 2008 trust & Capacity Design Group29 oct 2008 Future Act negotiation Meeting30 oct 2008 Future Act negotiation Meeting -

Community 22 nov 2008 Future Act negotiation Meeting -

Community16 April 2009 Future Act negotiation Meeting -

Community4 June 2009 Future Act negotiation Meeting -

½ day Working Group, ½ day Community

Innawonga country.

49

the Jurruru claim covers approximately 10,066 square

kilometres of land in the pilbara region. It lies in the

Shires of Ashburton and upper Gascoyne.

native title Claim progress: A connection report

has been submitted to the office of native title for

assessment. the State has assessed the connection

material provided by the applicants in support of their

claim. Mediation with overlapping claims is progressing.

FaHCSIA Meetings:4 July 2008 Community Meeting31 Mar 2009 Working Group Meeting –

Scoping Conference 30 April 2009 ½ Day Working Group Meeting30 April 2009 ½ Day Community Meeting

Jurruru

the Kariyarra native title claim covers approximately

17,052 square kilometres of land and sea in the pilbara

region. It lies in the Shires of Ashburton, east pilbara,

Roebourne and the town of port Hedland.

Native Title Claim Progress: the State has

accepted connection and mediation towards a consent

determination will progress with respondent parties in

the national native title tribunal from July 2009. new

claims have been authorised for the pippingarra and

turner River areas and it is intended that they will be

incorporated into the consent determination.

Future Act Developments: negotiations for mining

agreements with large and intermediate mining

companies are continuing. An agreement in principle

was made for financial benefits raising benchmark

standards for payment of financial benefits for Iron ore

mining. YMAC has also provided assistance in relation

to protection of Country, monitoring and compliance of

existing agreements.

FaHCSIA Meetings:19 Aug 2008 Working Group Meeting 16 Sept 2008 Men’s Meeting17 Sept 2008 Men’s Meeting24 Sept 2008 Senior Members Meeting10 oct 2008 Community Meeting27 Mar 2009 Community Meeting

Additional Meetings: 10 July 2008 Future Act negotiation Meeting26 Aug 2008 Future Act negotiation Meeting11 Sept 2008 Heritage Committee Meeting 19 Sept 2008 Future Act negotiation Meeting22 oct 2008 Future Act negotiation Meeting29 oct 2008 Community Meeting – Future Act

negotiation 30 oct 2008 Community Meeting – Future Act

negotiation 2 Dec 2008 Future Act negotiation Meeting24 Feb 2009 Future Act negotiating team 25 Feb 2009 Future Act negotiating team3 Mar 2009 Future Act negotiation Meeting25 Mar 2009 Future Act negotiating team26 Mar 2009 Future Act negotiating team &

Working Group Meeting31 Mar 2009 Future Act negotiation Meeting29 April 2009 Future Act negotiation Meeting1 May 2009 Future Act Signing Ceremony11 May 2009 Men’s Meeting 19 May 2009 Future Act negotiating team20 May 2009 Future Act negotiating team28 May 2009 Future Act negotiation Meeting15 June 2009 Future Act negotiating team16 June 2009 Future Act negotiating team &

Working Group Meeting25 June 2009 Future Act negotiation Meeting26 June 2009 Future Act negotiation Meeting

Kariyarra

48

Jurruru country.

Kariyarra country.

50 51

this claim covers approximately 15,759 square

kilometres of land in the pilbara region. It lies in the

Shires of Ashburton and Roebourne.


period, Kuruma and Marthudunera members were heavily

involved in connection research, including field trips on

country, with YMAC’s consultant anthropologist. the

connection report is currently being finalised and has been

presented to the Kuruma and Marthudunera community.

Future Act Developments: the Kuruma and

Marthudunera negotiated and finalised agreements with

a major mining company and associated parties over

the Cape preston area. In addition to the negotiations,

Kuruma and Marthudunera members have been involved in

heritage surveys, monitoring and the salvaging of cultural

artifacts in the site-rich Cape area. the Kuruma and

Marthudunera group has recently commenced negotiations

with a major petroleum exploration company regarding an

onshore pipeline that the company seeks to build as part of

the multi-billion dollar gas project. negotiations with other

major mining companies are also progressing.

In its quarterly meetings, the Kuruma and Marthudunera

working group has also received updates on projects,

been involved in consultations about applications under

section 18 of the Aboriginal Heritage Act 1972 (WA)

and liaised with government representatives about the

protection of water sources on country.

the Kuruma and Marthudunera group has worked hard

to protect country. this year the group successfully

argued that a mining company failed to negotiate with

them in good faith regarding an exploration tenement

within the Kuruma and Marthudunera claim. the national

native title tribunal found that the company did not

actively negotiate but merely ‘went through the motions’

Kuruma and Marthudunera

and ‘failed to take account of the legitimate and long held

concerns of the [Kuruma and Marthudunera group]

concerning cultural heritage issues’.

FaHCSIA Meetings: 4 July 2008 Working Group Meeting5 nov 2008 Working Group Meeting6 nov 2008 Community Meeting 17 Mar 2009 Community Meeting 21 May 2009 Working Group Meeting

Additional Meetings: 9 July 2008 Future Act negotiation Meeting - Community15 July 2008 Future Act negotiation Meeting 22 July 2008 Future Act negotiation Meeting - Community24 July 2008 trust & Capacity Design Meeting28 July 2008 Future Act negotiation Meeting30 July 2008 Future Act negotiation Meeting31 July 2008 Future Act negotiation Meeting 1 Aug 2008 Future Act negotiation Meeting11 Aug 2008 Future Act negotiation Meeting12 Aug 2008 Future Act negotiation Meeting13 Aug 2008 Future Act negotiation Meeting21 Aug 2008 Future Act negotiation Meeting27 Aug 2008 Future Act negotiation Meeting28 Aug 2008 trust & Capacity Design Meeting29 Aug 2008 trust & Capacity Design Meeting15 Sep 2008 Future Act negotiation Meeting16 Sep 2008 Future Act negotiation Meeting17 Sep 2008 trust & Capacity Design Group 24 Sep 2008 Future Act negotiation Meeting25 Sep 2008 Future Act negotiation Meeting - Community26 Sep 2008 Future Act negotiation Meeting - Community13 oct 2008 Future Act negotiation Meeting12 nov 2008 Future Act negotiation Meeting26 nov 2008 Future Act negotiation Meeting27 nov 2008 Future Act negotiation Meeting28 nov 2008 Future Act negotiation Meeting - Community 7 Jan 2009 Salvage Committee Meeting 26 Mar 2009 Future Act negotiation Meeting1 April 2009 Salvage team Meeting 15 May 2009 Salvage team Meeting 18 Jun 2009 Future Act Implementation Committee

Kuruma Marthudunera country.

52

the ngarla native title claim lies in the Shires of east

pilbara and port Hedland. the ngarla (Area A) native

title determination was handed down by the Federal

Court on 30 May 2007, at an on-country hearing

held near the De Grey River. two mining leases (“the

Mount Goldsworthy lease proceedings”) and the area of

overlap were excised from the determination area and

are being dealt with as separate matters. these form

ngarla (part B) and ngarla #2 (part B) of the claim.

Native Title Claim Progress: In relation to the

Warrarn overlap proceedings, mediation between the

parties is continuing. programming orders have been

made by the Judge to prepare for trial which should

occur in mid 2010. YMAC has obtained part funding for

trial from FaHCSIA and has engaged senior and junior

counsel to assist the ngarla. In relation to the Mount

Goldsworthy lease proceedings, submissions have been

heard by the Court and a decision in pending.

Future Act Developments: During the reporting

period YMAC staff assisted with negotiations with

various companies and finalised an agreement with a

mining company. the agreement includes financial and

non-financial benefits and protection of a sacred site

by provision of exclusion zones. YMAC also assisted

in relation to monitoring compliance of a substantial

mining agreement negotiated in 2008.

FaHCSIA Meetings:29 July 2008 Working Group Meeting30 July 2008 Working Group Meeting20 Aug 2008 Working Group Meeting7 oct 2008 Community Meeting26 May 2009 Community Meeting

Additional Meetings: 1 July 2008 Future Act negotiation Meeting 28 July 2008 Future Act negotiation Meeting21 Aug 2008 Future Act negotiation Meeting26 nov 2008 Future Act negotiation Meeting21 April 2009 Monitoring liaison Community Meeting

ngarla

53

the ngarlawangga native title claim covers


the pilbara region. It lies in the Shires of east pilbara

and Meekatharra.

Native Title Claim Progress: the claim connection

process for ngarlawangga has been characterised by

intra-indigenous mediation between the ngarlawangga

group with the assistance of YMAC staff and the wider

members of the determined nharnuwangga, Wajarri,

ngarlawanga (nWn) lands. ngarlawangga participated

in three pCp meetings, including a trip to Yulga Jinna

to meet with Jidi Jidi Aboriginal Corporation (prescribed

Body Corporate for nWn).

Future Act Developments: ngarlawangga participated

in five negotiation meetings with a major mining

company during the reporting period throughout the

past culminating in the signing of the northern Claim

Area Binding Initial Agreement (BIA) in november

2008. Additionally on 29 May 2009 following four trust

and Capacity Design meetings, the group has designed a

model for their proposed Benefits Management Structure

and is awaiting the outcomes of the pilbara Connection

project process before endorsement. the group is also

focused on improving their self-governance capacity by

bringing their existing Association into compliance with

the relevant legislation.

the group discussed additional matters of working

group composition, general claim maintenance,

heritage and minor future acts over two FaCHSIA

funded meetings.

FaHCSIA Meetings: 7 Aug 2008 Working Group Meeting18 Aug 2008 Working Group Meeting26 Feb 2009 Community Meeting – pilbara

Connection project26 Mar 2009 Community Meeting 27 Mar 2009 Community Meeting22 April 2009 Community Meeting – pilbara

Connection project23 April 2009 Community Meeting – pilbara

Connection project

Additional Meetings: 29 July 2008 Future Act negotiation Meeting31 July 2008 Future Act negotiation Meeting13 Aug 2008 trust & Capacity Design Group14 Aug 2008 trust & Capacity Design Group19 Aug 2008 Working Group Meeting – pilbara Iron13 oct 2008 trust & Capacity Design Group14 oct 2008 trust & Capacity Design Group31 oct 2008 Future Act negotiation Meeting -

Community 18 nov 2008 Future Act negotiation Meeting19 nov 2008 trust & Capacity Design Group20 nov 2008 trust & Capacity Design Group29 May 2009 Future Act Implementation Committee

ngarlawangga

Ngarla dancers celebrate on their country.

Ngarlawangga country.

54

the njamal native title claim covers approximately

40,980 square kilometres of land and sea in the

pilbara region. It lies in the town of port Hedland and

the Shire of east pilbara.

Native Title Claim Progress: A connection report,

setting out the evidentiary basis for the njamal claim,

was sent to the State Government’s office of native

title in July 2009.

Future Act Developments: A mining agreement

with an Iron ore producer was concluded during

the reporting period for financial benefit raising

benchmark standards. Significant progress was

made with the implementation of existing mining

agreements including resolving internal issues in

relation to a long standing agreement. numerous

minor future act matters were also resolved.

FaHCSIA Meetings:26 Sep 2008 Working Group Meeting8 oct 2008 Community Meeting9 oct 2008 Community Meeting12 Mar 2009 Men’s Meeting15 Apr 2009 Working Group Meeting16 Apr 2009 Community Meeting

Additional Meetings: 23 Sept 2008 Working Group Meeting – Atlas Iron6 nov 2008 Future Act negotiation Meeting19 nov 2008 Future Act negotiation Meeting20 nov 2008 Future Act negotiation Meeting21 nov 2008 Community Meeting – Future Act

negotiation 25 nov 2008 Future Act negotiation Meeting2 Apr 2009 Future Act negotiation Meeting20 Apr 2009 Future Act - Monitoring liaison

Committee29 May 2009 Future Act negotiation Meeting

njamal

nyangumarta country covers 33,843sq km of land

which borders about 110km of coastline along eighty

Mile Beach in Western Australia’s pilbara region.

Native Title Claim Progress: A ‘part A’ Consent

Determination on country was made on the 11th June

2009 by Justice north. Mediation with the Karajarri

people and respondent parties in relation to the

reminder of the claim area is progressing well.

Future Act Developments: nyangumarta people

have been consulting with the Government in relation

to a proposed Marine park at 80 Mile Beach. A

petroleum exploration agreement was finalised with an

international petroleum exploration company during the

reporting period.

FaHCSIA Meetings:16 Sep 2008 Men’s Meeting17 Sep 2008 Men’s Meeting28 oct 2008 Community Meeting30 oct 2008 Working Group Meeting19 Mar 2009 Working Group Meeting7 April 2009 Working Group Meeting with

Kimberley land Council 6 May 2009 Working Group Meeting7 May 2009 Working Group Meeting20 May 2009 Working Group Meeting – pilbara Connection project

Additional Meetings: 29 oct 2008 Future Act negotiation Meeting31 oct 2008 Future Act negotiation Meeting

55

Njamal country.

Nyangumarta country.

nyangumarta

56

the nyiyaparli native title claim covers approximately

36,684 square kilometres of land in the pilbara

region. It lies in the Shires of Ashburton, east pilbara,

Meekatharra and Wiluna.

Native Title Claim Progress: Members of the group

participated in field trips and interviews with staff and

consultant anthropologists and YMAC expects a final

draft Connection Report at the end of August 2009.

Future Act Developments: Continuing future

act negotiations with major and mid level mining

companies. these relate to a range of post agreement

matters, heritage consultation and minor future acts.

Additional: Following four trust and Capacity Design

meetings with consultants, the Group has designed a

model for their proposed Benefits Management Structure.

FaHCSIA Meetings:8 July 2008 Community Meeting – pilbara

Connection project 9 June 2009 Community Meeting

Additional Meetings: 31 July 2008 Future Act negotiation Meeting5 Aug 2008 Future Act negotiation Meeting6 Aug 2008 trust & Capacity Design Meeting7 Aug 2008 Future Act negotiation Meeting8 Aug 2008 Future Act negotiation Meeting18 Aug 2008 Future Act negotiation Meeting19 Aug 2008 Future Act negotiation Meeting 20 Aug 2008 Future Act negotiation Meeting4 Sep 2008 trust & Capacity Design Meeting11 Sep 2008 Future Act negotiation Meeting23 Sep 2008 Future Act negotiation Meeting13 oct 2008 trust & Capacity Design Meeting –

Community 14 oct 2008 trust & Capacity Design Meeting –

Community

15 oct 2008 trust & Capacity Design Group 16 oct 2008 trust & Capacity Design Group 27 oct 2008 Future Act negotiation Meeting

– Community28 oct 2008 Future Act negotiation Meeting

– Community3 nov 2008 Future Act negotiation Meeting4 nov 2008 Future Act negotiation Meeting17 nov 2008 trust & Capacity Design Group18 nov 2008 trust & Capacity Design Group19 nov 2008 Future Act negotiation - Design

Group 24 nov 2008 Future Act negotiation Meeting25 nov 2008 Future Act negotiation Meeting10 Dec 2008 Future Act negotiation - Applicants11 Dec 2008 Heritage Sub Committee 13 Dec 2008 Future Act negotiation Meeting

– Community26 Feb 2009 Future Act negotiation Meeting27 Feb 2009 Future Act negotiating team &

Working Group 30 Mar 2009 Future Act negotiating team &

Working Group 31 Mar 2009 Future Act negotiating team27 April 2009 Future Act negotiation - Applicants28 April 2009 Future Act negotiation - Applicants30 April 2009 Future Act negotiation Meeting1 May 2009 Future Act negotiation Meeting21 May 2009 Future Act negotiation Meeting22 May 2009 Future Act negotiation Meeting8 June 2009 Future Act negotiation -

Implementation Committee 17 June 2009 Future Act negotiation team 18 June 2009 Future Act negotiation team

nyiyaparli

57

Nyiyaparli country.

the puutu Kunti Kurrama and pinikura native

title claim covers approximately 6,567 square

kilometres of land in the pilbara region. It lies in

the Shire of Ashburton.

Native Title Claim Progress: Genealogical

research commenced in May 2009 and consultant

anthropologist will be engaged to complete the

connection research and report. Connection is

expected to be finalised in 2009/10.

Future Act Developments: negotiations with

major mining companies for a mining agreement

are progressing well. During the reporting period

YMAC staff have assisted with monitoring and

implementations of existing agreements.

FaHCSIA Meetings28 Aug 2008 Community Meeting29 Aug 2008 Community Meeting Additional

Meetings 21 oct 2008 Future Act negotiation Meeting -

Community22 oct 2008 Future Act negotiation Meeting -

Community28 nov 2008 Future Act negotiation Meeting12 Feb 2009 Future Act negotiation Meeting13 Feb 2009 Future Act negotiation Meeting23 Mar 2009 Future Act negotiating team 24 Mar 2009 Future Act negotiating team and

Working Group Meeting 31 Mar 2009 Future Act negotiation Meeting28 April 2009 Future Act negotiation Meeting1 May 2009 Future Act Signing Ceremony 14 May 2009 Future Act negotiating team15 May 2009 Future Act negotiating team10 June 2009 Future Act negotiating team11 June 2009 Future Act negotiating team12 June 2009 Future Act negotiating team and

Working Group Meeting

palyku

58 59

Puutu Kunti Kurrama and Pinikura country.


period, the Connection report was finalised by

consultant anthropologist and was authorised by the

claim group and will be submitted to the State in

2009. preservation evidence was heard on country at

Mt Stuart on 12-13 August 2008 by the Federal Court.

the connection video was completed in november

2008. the puutu Kunti Kurrama and pinikura was also

involved in litigation to protect native claimants’ right

to negotiate, which is now subject to an Application for

Special leave to appeal to the High Court.

Future Act Developments: the puutu Kunti Kurrama

and pinikura claim group has been working hard to

progress negotiations with a large mining company

and in relation to Benefit Management Structures.

FaHCSIA Meetings: 12 Aug 2008 preservation evidence Community

Meeting 13 Aug 2008 preservation evidence Community

Meeting10 oct 2008 Working Group Meeting12 nov 2008 Community Meeting 13 nov 2008 Working Group Meeting14 May 2009 Working Group Meeting15 May 2009 Community Meeting

Additional Meetings: 7 July 2008 Future Act negotiation Meeting8 July 2008 Future Act negotiation Meeting28 July 2008 Future Act negotiation Meeting4 Aug 2008 Future Act negotiation Meeting5 Aug 2008 Future Act negotiation Meeting 26 Aug 2008 Future Act negotiation Meeting 27 Aug 2008 trust & Capacity Design Meeting24 Sept 2008 trust & Capacity Design Group25 Sept 2008 trust & Capacity Design Group8 oct 2008 trust & Capacity Design Group9 oct 2008 trust & Capacity Design Group11 nov 2008 trust & Capacity Design Group24 nov 2008 Future Act negotiation Meeting25 nov 2008 Future Act negotiation Meeting

puutu Kunti Kurrama and pinikura

Note: YMAC also provides services to the

Birrimaya, Ngarluma Determined Area,

Ngarluma-Kariyarra (Mallina Station)

Peedumulla and Yindjibarndi Determined

Area, in accordance with its function under

Sec 203BB of the Native Title Act.

Financial ReportContents

Audit report 62

Statement by Board, Chief executive officer and Chief Financial officer 65

Income Statement 66

Balance Sheet 67

Statement of Cash Flows 68

Statement of Changes in equity 69

Schedule of Commitments 70

notes to the Financial Statements 71

62 63

64 65

Mrs Doris Eaton Roy Bellotti Simon Hawkins Stan StylianouCo-Chairperson Co-Chairperson Chief executive officer Chief Financial pilbara Regional Yamatji Regional 25 Sept 2009 officerCommittee Committee 25 Sept 200925 Sept 2009 25 Sept 2009

In our opinion, at the date of this statement, the attached financial statements for the year ended 30 June 2009:

(a) are in accordance with the Corporations (Aboriginal and torres Strait Islander) Act 2006, including:(i) giving a true and fair view of the corporation’s position as at 30 June 2009 and of its performance, for the

financial year ended on that date; and(ii) complying with Australian Accounting Standards (including the Australian Accounting Interpretations) and

Corporations (Aboriginal and torres Strait Islander) Regulations 2007.(b) the financial report also complies with International Financial Reporting Standards as disclosed in note 1.1; and(c) there are reasonable grounds to believe that Yamatji Marlpa Aboriginal Corporation will be able to pay its debts

as and when they become due and payable.

At the date of this declaration there are reasonable grounds to believe that the corporation will be able to meet any obligations or liabilities to which they are subject to.

this Statement is made in accordance with a resolution of the Board of Directors.


Statement by directors, chief executive officer and chief financial officer

66

Consolidated Consolidated Native Title Native Title Notes 2009 2008 2009 2008 $ $ $ $

REVENUERevenues from ordinary activities

Revenue from Commonwealth Government - operational 8,898,233 8,263,884 8,898,233 8,263,884Revenue from Services 5A 7,701,544 6,396,938 1,531,558 2,045,828Interest 5B 394,940 340,311 127,677 163,798Revenue from sale of assets 5C 4,697 - 4,697 -other 5D 7,822,662 5,455,033 7,453,363 4,987,687

Revenues from ordinary activities 24,822,075 20,456,166 18,015,528 15,461,198

EXPENSEExpenses from ordinary activities

employees 6A 7,775,217 6,896,283 7,016,127 6,134,524Insurance expense 107,697 64,249 102,261 63,549office Supplies expense 305,148 253,054 290,024 250,206travel & Meeting costs 3,668,917 2,940,360 3,641,000 2,879,845Motor vehicle expenses 370,748 483,696 335,434 449,335Contractors and consultant fees 9,058,372 6,823,353 4,207,797 3,729,962Impairment & Write off expenses 6C 45,846 22,049 45,846 22,049lease expenses 669,288 531,584 648,732 532,350long Service leave expense 6A 109,351 140,603 126,083 135,735Depreciation and amortisation 6B 423,362 428,629 346,473 384,712Cost Recovery expenses 1,070,599 553,849 981,179 459,246payroll and support Costs 458,018 426,308 409,608 415,775telephone 295,037 231,289 281,325 222,220Ancillary costs, fees & provisions 296,761 274,276 453,460 264,484Revaluation decrements to Buildings - 133,955 - 133,955

Expenses from ordinary activities 24,654,361 20,203,537 18,885,349 16,077,947

Operating surplus/(deficit) from ordinary activities 1.14B 167,716 252,630 (869,823) (616,750)

net credit to asset revaluation reserve 8 - 625,000 - -

Total revenues, expenses and valuation adjustments recognised directly in equity - 625,000 - -

Total changes in equity other than those resulting from transactions with owners as owners attributable to the members of Yamatji Marlpa Aboriginal Corporation 13 167,716 877,630 (869,823) (616,750)

The above statement should be read in conjunction with the accompanying notes.


Income Statementfor the year ended 30 June 2009

67


ASSETS Financial Assets

Cash & Cash equivalents 7A 7,859,791 6,447,451 6,160,430 5,394,533

trade & other Receivables 7B 3,516,925 2,591,613 710,940 915,849Investment 7C 120,000 107,000 120,000 107,000

Total financial assets 11,496,716 9,146,064 6,991,370 6,417,382

Non-financial assets land and buildings 8A 1,188,284 1,216,592 1,182,252 1,208,550plant and equipment 8B 1,396,617 1,027,911 1,170,406 845,783other non-financial assets 8D 136,370 65,418 136,370 65,418

TOTAL ASSETS 14,217,987 11,455,985 9,480,398 8,537,133

LIABILITIES Provisions

employees 9A 1,041,189 818,806 953,821 740,501other provisions 9B 30,000 26,400 21,893 19,954

Total provisions 1,071,189 845,206 975,714 760,455

Payables Suppliers 10 1,225,561 1,344,192 894,377 1,015,969unexpended grants 11 3,944,961 5,006,429 3,776,484 4,874,416Income received in advance 3,399,919 444,226 2,552,016 75,856Accruals 12 741,301 148,592 453,500 112,309

Total payables 9,311,742 6,943,439 7,676,377 6,078,550

Total liabilities 10,382,931 7,788,645 8,652,091 6,839,005

NET ASSETS 3,835,056 3,667,340 828,306 1,698,128

EQUITY Revaluation reserve 651,481 651,481 651,481 651,481Accumulated surplus 13 3,183,575 3,015,859 176,826 1,046,648

TOTAL EQUITY 13 3,835,056 3,667,340 828,306 1,698,129

Current assets 11,633,085 9,211,482 7,127,739 6,482,800

Non-current assets 2,584,901 2,244,503 2,352,658 2,054,333

Current liabilities 10,146,435 7,592,690 8,456,466 6,647,736

Non-current liabilities 236,496 195,956 195,625 191,268



Balance Sheetas at 30 June 2009

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OPERATING ACTIVITIES Cash Received Receipts from government 8,825,304 13,586,522 8,825,304 13,586,522Receipts from customers 19,358,174 12,606,839 12,879,118 8,240,431Interest 394,940 340,311 127,677 163,798

Total Cash Received 28,578,418 26,533,672 21,832,099 21,990,752

Cash Used payments to suppliers 17,165,912 13,280,898 12,152,194 9,479,597payments to employees 7,622,926 6,712,931 6,902,830 5,967,080GSt paid to Ato 1,478,839 1,564,860 1,212,546 1,458,485

Total Cash Used 26,267,678 21,558,689 20,267,570 16,905,162

Net cash from operating activities 14 2,310,740 4,974,983 1,564,529 5,085,590

INVESTING ACTIVITIES Cash Received proceeds from sales of property, plant and equipment 9,868 - 9,868 -

Total Cash Received 9,868 - 9,868 -

Cash Used purchase of property, plant and equipment 895,269 324,079 795,501 222,817

Total Cash Used 895,269 324,079 795,501 222,817

Net cash used by investing activities (885,401) (324,079) (785,633) (222,817)

Net Increase/ (Decrease) in cash held 1,425,340 4,650,904 778,896 4,862,773Cash at the beginning of the reporting period 6,554,451 1,903,548 5,501,533 638,760

Cash at the end of the reporting period 7,979,791 6,554,451 6,280,430 5,501,533


69

2009 Accumulated Surplus Asset Revaluation Reserves

Consolidated Native Title Consolidated Native Title Notes 2009 2009 2009 2009 $ $ $ $

Opening Balance 3,015,859 1,046,648 651,481 651,481

Income and expenses recognised directly in equity net Revaluation Increment - - - - Surplus/(deficit) for the period 167,716 (869,823) - -

total Income and expenses 167,716 (869,823) - -

Closing balance as at 30 June 3,183,575 176,825 651,481 651,481

2008 Accumulated Surplus Asset Revaluation Reserves

Consolidated Native Title Consolidated Native Title Notes 2008 2008 2008 2008 $ $ $ $

Opening Balance 2,763,229 1,663,398 26,481 26,481

Income and expenses recognised directly in equity net Revaluation Increment - - 625,000 625,000

Surplus/(deficit) for the period 252,630 (616,750) - -

total Income and expenses 252,630 (616,750) 625,000 625,000

Closing balance as at 30 June 3,015,859 1,046,648 651,481 651,481

The above statement should be read in conjunction with the accompanying notes


Statement of Cash Flowsfor the year ended 30 June 2009


Statement of changes in equityFor the year ended 30 june 2009

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Consolidated Consolidated Native Title Native Title 2009 2008 2009 2008 $ $ $ $

BY TYPE Capital Commitments

Infrastructure, plant and equipment 365,922 - 365,922 -

Total Capital Commitments 365,922 - 365,922 -

BY TYPE Other Commitments operating leases 1,137,868 1,672,274 1,137,868 1,649,076

Total Other Commitments 1,137,868 1,672,274 1,137,868 1,649,076

Net Commitments by Type 1,503,790 1,672,274 1,503,790 1,649,076

BY MATURITY Operating Lease Commitments one year or less 927,825 719,420 927,825 707,821From one to five years 210,043 952,854 210,043 941,255

over five years - - - -

Total Operating Lease Commitments 1,137,868 1,672,274 1,137,868 1,649,076

Capital Commitments one year or less 365,922 - 365,922 -From one to five years over five years

Total Capital Commitments 365,922 - 365,922 -

Net Commitments by Maturity 1,503,790 1,672,274 1,503,790 1,649,076

NB: Commitments are GST inclusive where relevant

Capital Commitments

the Corporation entered into agreement to purchase capital assets prior to the end of the financial year. At the end of the financial year, delivery had not been made and the suppliers had not invoiced the Corporation. Items are recorded at cost quoted by the suppliers.

The above statement should be read in conjunction with the accompanying notes


Schedule of Commitmentsas at 30 June 2009

71

the financial statements cover Yamatji Marlpa Aboriginal Corporation (YMAC) as an individual entity. YMAC is an association incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI).

Note 1 Summary of Significant Accounting Policies1.1 Basis of Accounting

the financial statements are a general purpose financial report.

the statements have been prepared in accordance with Australian Accounting Standards which include Australian equivalents to International Financial Reporting Standards (IFRS) and interpretations issued by the Australian Accounting Standards Board (AASB) that apply for the accounting period.

the financial report has been prepared on an accrual basis and is in accordance with historical cost convention, except for certain assets at fair value. except where stated, no allowance is made for the effect of changing prices on the results or the financial position.

Assets and liabilities are recognised in the Balance Sheet when and only when it is probable that future economic benefits will flow and the amounts of the assets or liabilities can be reliably measured. Assets and liabilities arising under agreements equally proportionately unperformed are however not recognised unless required by an accounting standard. liabilities and assets that are unrecognised are reported in the Schedule of Commitments.

Revenues and expenses are recognised in the Income Statement when and only when the flow or consumption or loss of economic benefits has occurred and can be reliably measured.

1.2 Statement of Compliance

Adoption of new Australian Accounting Standard requirements

no accounting standard has been adopted earlier than the effective date in the current period.

new accounting standards and interpretation have been published which are not mandatory for the 30 June 2009 financial year. Any options for early adoption have not been applied in the preparation of this financial report. YMAC have reviewed the proposed amendments to standards and interpretations and have not identified any which will materially impact the entity in the period of initial application.


Notes to the Financial Statements

72


Notes to the Financial Statements

1.3 Revenue

Revenue from the rendering of a service is recognised by reference to the stage of completion of the contract to provide the service at the reporting date. the revenue is recognized when:

• The amount of revenue, stage of completion and transaction costs incurred can be reliably measured: and • The probable economic benefits with the transaction will flow to the entity.

the stage of completion is by reference to the proportion that costs incurred to date bear to the estimated total costs of the transaction.

Receivables for services are recognised at the nominal amounts due less any provision for bad and doubtful debts. Collectability of debts is reviewed at balance date. provisions are made when collectability of the debt is no longer probable.

Revenue from disposal of non-current assets is recognised when control of the asset has passed to the buyer.

Interest revenue is recognised on a time proportionate basis that takes into account the effective yield on the relevant asset.

Revenue from grants received from government funding organisations is recognised when received, and is deferred as a liability to the extent that unspent grants are required to be repaid to the funding organisation.

1.4 Employee Benefits

Benefits

liabilities for services rendered by employees are recognised at the reporting date to the extent that they have not been settled.

liabilities for short term employee benefits (as defined in AASB 119) and termination benefits due within 12 months of the balance date are measured at their nominal amounts. the nominal amount is calculated with regard to the rates expected to be paid on settlement of the liability.

All other employee benefit liabilities are measured as the present value of the estimated future cash outflows to be made in respect of services provided by employees up to the reporting date.

Leave

the liability for employee benefits includes provision for annual leave and long service leave. no provision has been made for sick leave as all sick leave is non-vesting and the average sick leave taken in future years by employees of YMAC is estimated to be less than the annual entitlement for sick leave.

the leave liabilities are calculated on the basis of employees’ remuneration, including YMAC’s employer superannuation contribution rates to the extent that the leave is likely to be taken during service rather than paid out on termination.

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the liability for long service leave has been determined by reference to the work of an actuary as at 30 June 2009. the estimate of the present value of the liability takes into account attrition rates and pay increases through promotion and inflation.

Superannuation

Contributions are made to employee superannuation fund of their choice and charged as expenses when incurred.

1.5 Grants

Most grant agreements require YMAC to perform services, provide facilities or meet eligibility criteria. In these cases, YMAC recognises grant liabilities only to the extent that the services required have not been performed or the eligibility criteria have not been satisfied by YMAC.

In cases where grant agreements are made without conditions to be monitored, liabilities are recognised on signing the agreement.

Grants relating to the purchase of property plant and equipment would be recognized at its fair value and treated as an asset and as income when the Corporation gains control of the contribution. this is in accordance with the treatment of grants under AASB 1004 of the Australian Accounting Standards. not for profit entities are still required to comply with AASB under IFRS and, therefore, there is no change on the treatment of Grants on adoption of IFRS.

1.6 Cash and cash equivalents

Cash means notes and coins held and any deposits held with a bank or financial institution with an original maturity of 3 months or less that are readily convertible to known amounts of cash and subject to insignificant risk of changes in value. Cash is recognised at its nominal amount. Interest is credited to revenue as it accrues.

1.7 Other Financial Assets

term deposits are recognised at cost.

1.8 Leases

YMAC has entered into commercial leases on certain motor vehicles where it is not in the best interest of the Corporation to purchase these assets. leases where the lessor effectively retains substantially all the risks and rewards incidental to ownership of assets are classified as operating leases.

operating lease payments are expensed on a straight line basis over the lease term which is representative of the pattern of benefits derived from the leased assets.

1.9 Financial Risk Management

YMAC’s activities expose it to normal commercial financial risk. As a result of the nature of YMAC ‘s business and internal and Australian Government policies, dealing with the management of financial risk, YMAC ‘s exposure to market, credit, liquidity and cash flow and fair value interest rate risk is considered to be low.


Notes to and Forming Part of the Financial Statements

74

1.10 Derecognition of Financial Assets and Liabilities

Financial assets are derecognized when the contractual rights to the cash flows from the financial assets expire or the asset is transferred to another entity. In the case of a transfer to another entity, it is necessary that the risks and rewards of ownership are also transferred.

Financial liabilities are derecognized when the obligation under the contract is discharged or cancelled or expired.

1.11 Impairment of Financial Assets

If there is objective evidence that impairment has been incurred for receivables, the amount of the loss is measured as the difference between the asset’s carrying amount and the present value of estimated cash flows discounted at the asset’s original effective interest rate. the carrying amount is reduced by way of an allowance account. the loss is recognized in profit and loss.

1.12 Other Financial Liabilities

trade creditors and accruals are recognised at their nominal amounts, being the amounts at which the liabilities will be settled. liabilities are recognised to the extent that the goods or services have been received (and irrespective of having been invoiced).

1.13 Acquisition of Assets

Assets are recorded at cost on acquisition except as stated below. the cost of acquisition includes the fair value of assets transferred in exchange and liabilities undertaken.

1.14A Property (Land, Buildings and Infrastructure), Plant and Equipment

Revaluations

Basis

land, buildings and infrastructure are carried at valuation, being revalued annually with sufficient frequency such that the carrying amount of each asset class is not materially different, as at reporting date, from its fair value. Valuations undertaken in any year are as at 30 June.

Fair values for each class of asset are determined as shown below.

Asset class Fair value measured at:land Market selling priceBuildings Market selling priceleasehold improvements Depreciated replacement costplant and equipment Market selling price

land and building assets are subject to a formal valuation every three years. Formal valuations are carried out by an independent qualified valuer. land and buildings are measured at fair cost less accumulated depreciation.

75

plant and equipment is stated at cost less accumulated depreciation and any impairment in value.

Revaluation adjustments are made on a class basis. Any revaluation increment is credited to equity under the heading of asset revaluation except to the extent that it reverses a previous revaluation decrement of the same asset class that was previously recognized through operating result. Revaluation decrements for a class of assets are recognized directly through operating result except to the extent that they reverse a previous revaluation increment for that class.

Any accumulated depreciation as at the revaluation date is eliminated against the gross carrying amount of the asset and the asset restated to the revalued amount.

Depreciation

Depreciable property plant and equipment assets are written-off to their estimated residual values over their estimated useful lives to YMAC using, in all cases, the straight-line method of depreciation. During the financial year ending 30 June 2009, the Corporation revised the accounting estimate of certain assets to accurately reflect the useful life of those assets and the expected economic benefits. the Corporation was previously utilising the diminishing value method of accounting for such assets and was subsequently changed to the straight-line methodology.

this resulted in a reduction in depreciation expenditure of $ 11,952.

Depreciation rates (useful lives) and methods are reviewed at each reporting date and necessary adjustments are recognised in the current, or current and future reporting periods, as appropriate. Residual values are re-estimated for a change in prices only when assets are revalued.

Annual depreciation rates applying to each class of depreciable asset are as follows:

Buildings on freehold land 2%leasehold improvements 25%plant and equipment 25%It equipment 33.3%Motor Vehicles 25%

the aggregate amount of depreciation allocated for each class of asset during the reporting period is disclosed in note 6B.

Impairment

All assets were assessed for impairment at 30 June 2009. Where indications of impairment exists, the asset’s recoverable amount is estimated and an impairment adjustment made if the asset’s recoverable amount is less than its carrying amount.

the recoverable amount of an asset is the higher of its fair value less costs to sell and its value in use. Value in use is the present value of the future cash flows expected to be derived from the asset. Where the future economic benefit of an asset is not primarily dependant on the asset’s ability to generate cash flows, and the asset would be replaced if YMAC were deprived of the asset; its value in use is taken to be its depreciated replacement cost.





76 77

Note 2 Operating Leases

operating leases included are effectively non – cancellable and comprise:

Nature of lease General Description of leasing arrangements

leases for office accommodation. lease payments are subject to annual increases in accordance with upwards movements in the Consumer price Index. Seven premises’ initial leases are still current and two may be renewed from one to two years at YMAC’s option. two of the premises are on a periodic basis.

leases for staff accommodation lease payments are subject to annual increases in accordance with upwards movements in the Consumer price Index. eight premises’ initial leases are still current and all may be renewed for 12 months at YMAC’s option.

Agreements for the provision of no contingent rentals exist.motor vehicles to senior officers.

Note 3 Economic Dependency

Yamatji Marlpa Aboriginal Corporation is an association incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI)

YMAC is dependent on funding from the Commonwealth of Australia for its continued existence and ability to carry out its normal activities.

Note 4 Events Occurring After Reporting Date

YMAC have received confirmation from the Commonwealth of Australia of the provision of funding for the 2009/10 financial year and confirmed funding of specific corporate costs for 2010/11





Decommissioning, Restoration and Make-good

When assessing accommodation leases for the preparation of the opening balance sheet, no obligations under the leases for make-good were determined.

In relation to non-financial assets, YMAC has assessed at the reporting date that there is no obligation for decommissioning, restoration or make good.

1.14B Treatment of Capital Grants

Grants relating to the purchase of property, plant and equipment would be recognised at its fair value and treated as an asset and as income when the Corporation gains control of the contribution. this is in accordance with the treatment of grants under AASB 1004 of the Australian accounting standards. not for profit entities are still required to comply with AASB 1004 under AeIFRS and, therefore, there is no change to the treatment of Grants on the adoption of AeIFRS.

$283,090 of expenditure (depreciation) has been expensed in the current year in relation to assets financed by capital grants brought to account as income in prior years. In addition, $106,478 of expenditure (depreciation) has been expensed in the current year in relation to assets financed by current year capital grants of $699,078 brought to account as income in the current year.

1.15 Taxation

YMAC is exempt from all forms of taxation except fringe benefits tax and the goods and services tax (GSt).

Revenues, expenses and assets are recognised net of GSt:

• except where the amount of GST incurred is not recoverable from the Australian Taxation Office; and • except for receivables and payables.

1.16 Comparatives

Where necessary, the prior year comparatives have been amended to facilitate comparison with the current year presentation of financial information.

78 79


Note 6C Write Down and Impairment of AssetsWrite downs 45,846 22,049 45,846 22,049

Total write down and impairment of assets 45,846 22,049 45,846 22,049

Note 7 Financial AssetsNote 7A Cash and cash equivalentsCash on hand 1,000 1,000 1,000 1,000Cash at bank 7,858,791 6,446,451 6,159,430 5,393,533

Total Cash and cash equivalents 7,859,791 6,447,451 6,160,430 5,394,533

For the purposes of the Cash Flow Statement, the Cash at the end of the reporting period figure includes term Deposits, which is classified under Investment in the Balance Sheet (note 7C) Cash at bank earns interest at tiered interest rates determined by the bank.

Note 7B Trade and other receivables (net)trade receivables 3,161,372 2,495,173 457,152 981,303less: provision for doubtful debts (30,143) (232,844) (8,037) (204,396)

3,131,229 2,262,329 449,115 776,907GSt receivable 41,194 39,639 30,062 29,960Income receivable 215,314 169,894 140,641 17,098other receivables 129,187 119,751 91,122 91,884

Total Trade and other receivables (net) 3,516,925 2,591,613 710,940 915,849All receivables are current assets.

Trade Debtors are aged as follows: overdue by: less than 30 days 1,489,219 1,060,996 33,745 460,39930 to 60 days 490,313 470,763 40,894 118,23960 to 90 days 65,873 107,880 37,678 34,201More than 90 days 1,115,967 855,535 344,836 368,464

Total Trade receivables (gross) 3,161,372 2,495,173 457,152 981,303

Allowance for Doubtful Debts is aged as follows: overdue by: less than 30 days - -30 to 60 days - - 60 to 90 days - - More than 90 days 30,143 232,844 8,037 204,396

Total Allowance for Doubtful Debts 30,143 232,844 8,037 204,396

Note 7C Other financial assets term deposits 120,000 107,000 120,000 107,000

Short term deposits are made with varying periods of between six and nine months depending on the immediate cash requirements of the Corporation, and earn interest at the respective short term deposit rates.




Note 5 Operating Revenues Note 5A Revenue from Services Rendering of services to:

external entities 7,701,544 6,396,938 1,531,558 2,045,828

Total rendering of services 7,701,544 6,396,938 1,531,558 2,045,828

Note 5B Finance IncomeInterest on deposits 394,940 340,311 127,677 163,798

Total finance income 394,940 340,311 127,677 163,798

Note 5C Revenue from Sales of Assets plant and equipment:proceeds from disposal 8,971 - 8,971 -net book value of assets disposed (4,274) - (4,274) -

Total net profit from disposal of plant and equipment 4,697 - 4,697 -

Note 5D Other other grants:Staffing 1,744,780 1,664,527 1,421,874 1,247,711expenses and capital 6,077,882 3,778,515 6,031,489 3,739,593other income - 11,991 - 384

Total Other 7,822,662 5,455,033 7,453,363 4,987,687

NOTE 6 Operating ExpensesNote 6A Employee ExpensesWages and Salaries 6,582,686 5,856,964 5,918,851 5,184,564Superannuation 548,012 507,527 481,851 451,513other employee benefits 644,519 531,792 615,425 357,148leave and other entitlements 109,351 140,603 126,083 135,735

total employee expenses 7,884,568 7,036,886 7,142,210 6,128,960

Note 6B Depreciation and AmortisationDepreciation of property, plant and equipment 397,233 385,917 322,355 343,441Amortisation of leasehold asset 26,128 42,712 24,118 41,271

Total depreciation and amortisation 423,362 428,629 346,473 384,712

the aggregate amounts of depreciation or amortisation expensed during the reporting period for each class of depreciable asset are as follows:Buildings on freehold land 6,679 - 6,679 -leasehold improvements 30,235 43,691 28,224 43,456plant and equipment 213,270 198,940 159,070 169,396Motor Vehicles 173,178 185,998 152,499 171,860

Total depreciation and amortisation 423,362 428,629 346,473 384,712



80 81

Note 8C Reconciliation of the opening and closing balances of property, plant and equipment

Land & Plant & Land & Plant & Item Buildings Equipment Total Buildings Equipment TotalAs at 1 July 2008 $ $ $ $ $ $

Gross value 1,496,265 2,283,105 3,779,370 1,485,943 1,936,112 3,422,055Accumulated depreciation/amortisation (279,674) (1,255,193) (1,534,867) (277,393) (1,090,329) (1,367,722)

Closing Net Book Value 1,216,592 1,027,911 2,244,503 1,208,550 845,783 2,054,333Additions By purchase 11,990 801,890 813,880 11,990 711,193 723,183Depreciation/ Amortisation expense (36,914) (386,448) (423,362) (34,903) (346,795) (381,698)Disposals other Disposals (3,384) (46,736) (50,120) (3,384) (39,775) (43,159)

As at 30 June 2009Gross book value 1,500,765 2,826,826 4,327,591 1,490,443 2,390,806 3,881,249Accumulated depreciation/impairment (312,481) (1,430,208) (1,742,690) (308,191) (1,220,400) (1,528,591)

Closing Net Book Value 1,188,284 1,396,617 2,584,901 1,182,252 1,170,406 2,352,658

Assets at valuation Consolidated Native Title Land & Plant & Land & Plant &Item Buildings Equipment Total Buildings Equipment TotalAs at 30 June 2009 $ $ $ $ $ $

Gross value 1,500,765 2,826,826 4,327,591 1,490,443 2,390,806 3,881,249Accumulated depreciation/amortisation (312,481) (1,430,208) (1,742,690) (308,191) (1,220,400) (1,528,591)

Closing Net Book Value 1,188,284 1,396,617 2,584,901 1,182,252 1,170,406 2,352,658As at 30 June 2008 Gross value 1,496,265 2,283,105 3,779,370 1,485,943 1,936,112 3,422,055Accumulated depreciation/amortisation (279,674) (1,255,193) (1,534,867) (277,393) (1,090,329) (1,367,722)

Closing Net Book Value 1,216,592 1,027,911 2,244,503 1,208,550 845,783 2,054,333

Consolidated NTRB Activities Notes 2009 2008 2009 2008 $ $ $ $ Note 8D Other Non-Financial Assets prepayments 136,370 65,418 136,370 65,418All other non-financial assets are current assets.




Note 8 Non Financial AssetsNote 8A Land and BuildingsFreehold land-At valuation 30 June 2009 820,000 820,000 820,000 820,000

Total freehold land 820,000 820,000 820,000 820,000

Buildings on freehold landAt valuation 30 June 2009 280,000 280,000 280,000 280,000-Accumulated Depreciation (6,679) - (6,679) -

Total buildings on freehold land 273,321 280,000 273,321 280,000

Leasehold improvements - At fair value 400,765 396,265 390,443 385,943-Accumulated Depreciation (305,802) (279,674) (301,511) (277,393)

Total leasehold improvements 94,963 116,592 88,932 108,550

Total land and buildings (non-current) 1,188,284 1,216,592 1,182,252 1,208,550

Note 8B Infrastructure, Plant and Equipment

Plant and equipment -At cost 2,826,826 2,283,105 2,390,806 1,936,112-Accumulated depreciation (1,391,547) (1,188,865) (1,183,705) (1,025,967)-Write Downs (38,662) (66,329) (36,695) (64,362)

Total Plant and Equipment (non-current) 1,396,617 1,027,911 1,170,406 845,783

All revaluations are independent and are conducted in accordance with the revaluation policy stated at note 1.14A. In 2007-08, the revaluations were conducted by an independent valuer W Kalajzich (lV44042).

no indicators of impairment were found for infrastructure, plant and equipment.

Movement in asset revaluation reserve opening Balance - 26,481 - 26,481Increment for land - 625,000 - 625,000

Closing Balance - 651,481 - 651,481



82 83

Consolidated NTRB Activities Notes 2009 2008 2009 2008 $ $ $ $

Note 14 Cash Flow ReconciliationNote 14 Reconciliation of Operating Surplus to Net Cash from Operating Activities:

operating surplus before extraordinary items 167,716 252,630 (869,823) (616,750)Non- Cash ItemsDepreciation and amortisation 423,362 428,629 346,473 384,712net write down of non-financial assets 41,149 22,049 41,149 22,049Revaluation Decrement - 133,955 - 133,955Changes in assets and liabilities(Increase) / decrease in receivables (925,311) (778,537) 204,910 44,876(Increase) / decrease in prepayments (136,370) (65,418) (136,370) (65,418)Increase / (decrease) in employee provisions 244,912 237,736 232,817 233,555Increase / (decrease) in payables 455,149 50,454 567,964 181,206Increase / (decrease) in unexpended grants (1,061,467) 4,741,086 (1,097,932) 4,819,445Increase / (decrease) in income in advance 2,955,692 (128,241) 2,476,159 (92,980)Increase / (decrease) in GSt payable 145,909 80,640 (200,819) 40,940

Net cash from / (used by) operating activities 2,310,740 4,974,983 1,564,529 5,085,590

Note 15 Remuneration of Officers the number of officers who received or were due to receive total remuneration of $130,000 or more$130,000 - $144,999 2 1 2 1$145,000 - $159,999 2 1 2 1$160,000 - $174,999 0 0 0 0$175,000 - $189,999 1 0 1 0$190,000 - $204,999 0 1 0 1$205,000 - $219,999 1 0 1 0

Total 6 3 6 3

the aggregate amount of total remuneration of officers shown above. 968,563 500,761 968,563 500,761

executive remuneration includes salary, superannuation, Fringe Benefits, Vehicle usage and associated costs and leave provisions paid to officers employed for the full financial year.Appointments to executive positions were effected during the prior year and the positions have now been permanently filled.



Consolidated NTRB Activities Notes 2009 2008 2009 2008 $ $ $ $

Note 9 ProvisionsNote 9A Employee ProvisionsSalaries and wages (4,457) 14,765 (4,012) 13,289 leave 1,045,647 804,041 957,832 727,212

Total employee provisions 1,041,189 818,806 953,821 740,501

Current 804,693 622,851 758,196 549,232non-current 236,496 195,956 195,625 191,268

1,041,189 818,806 953,821 740,501

Note 9B Other Provisionsprovision for Audit Fees 30,000 26,400 21,893 19,954

NOTE 10 Supplierstrade creditors 1,192,642 1,311,274 861,459 983,051operating lease Rentals 32,918 32,918 32,918 32,918

total Supplier payables 1,225,561 1,344,192 894,377 1,015,969

All suppliers are current and settlement is usually made net 30 days

Note 11 Unexpended Grantunexpended grant carried forward 3,944,961 5,006,429 3,776,484 4,874,416

unexpended grant carried forward represents grant funds received specifically for approved budget items and whichare repayable to the funding organisation to the extent the funds are unspent.

Note 12 Other Payables Accrued Wages/Superannuation 138,640 99,382 101,176 75,115General accruals 560,463 49,209 310,126 37,194Assets/benefits held for return/distribution 42,198 - 42,198 -

Total Other Payables 741,301 148,592 453,500 112,309

Note 13 Equity Analysis of equity Accumulated surplus as at 1 July 3,015,859 2,763,230 1,046,648 1,663,398Surplus from ordinary activities 167,716 252,630 (869,823) (616,750)

Accumulated surplus as at 30 June 3,183,575 3,015,859 176,826 1,046,648net revaluation increment 651,481 651,481 651,481 651,481

Total equity as at 30 June 3,835,056 3,667,340 828,306 1,698,129



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85

Note 17 Risk Exposures and ResponsesNote 17A Credit Risk

the maximum exposures to credit risk at reporting date in relation to each class of recognised financial assets is the carrying amount of those assets as indicated in the Balance Sheet.the Corporation has no significant exposures to any concentrations of credit risk.

Credit risk of financial instruments not past due or individually determined as impaired:

Not Past Due Not Past Due Past due or Past due or nor Impaired nor Impaired impaired impaired 2009 2008 2009 2008

Cash at Bank 7,859,791 6,447,451 - -Receivables for goods and services 1,489,219 1,060,996 1,672,153 1,434,177

Total 9,349,010 7,508,447 1,672,153 1,434,177 Ageing of financial assets that are past due but not impaired for 2009 31 to 60 days 61 to 90 days 90+ days Total

Receivables for goods and services 490,313 65,873 1,115,967 1,672,153

Ageing of financial assets that are past due but not impaired for 2008

31 to 60 days 61 to 90 days 90+ days Total

Receivables for goods and services 470,763 107,880 855,535 1,434,177

Note 17B Liquidity Risk

this is highly unlikely due to appropriation funding and mechanisms available to YMAC and internal policies and procedures put in place to ensure there are appropriate resources to meet its financial obligations.YMAC manages its budgeted grant funds to ensure it has adequate funds to meet payments as they fall due. In addition, YMAC has policies in place to ensure timely payments are made when due and has no past experience of default.

Note 17C Interest rate risk

Surplus Equity Higher/(Lower) Higher/(Lower) 2009 2008 2009 2008 $ $ $ $

Consolidated +1% increase in interest rate 15,999 10,518 15,999 10,518-1% decrease in interest rate (15,999) (10,518) (15,999) (10,518)





86 87



Note 21 Directors Remuneration 2009 2008 $ $

the number of directors of the Corporation included in these figures are shown below in the relevant remuneration bands: $ nil - $ 149,999 12 12total number of directors of the Corporation 12 12 total remuneration ( in kind) received or due and receivable by directors of the Authority 43,415 28,748

Note 22 Related Party Disclosures 2009 2008 $ $

Loans to Directors: these comprise overpayments of travel allowances to attend meetings. Most of these overpayments have since been recovered. the balance will be recovered from future travel allowance payments made. loans to directors outstanding at year-end: 1,929 6,883 Payment to Directors-related Consultant Entities: payment was made to a consultant entity related to Mr Darren Injie on arms length commercial terms. payments to director-related entities during the year: 32,845 10,890 Consultancy payments to Directors these include payments made to directors on arms lengthcommercial terms for attendance at meetings or participationin survey related activities Consultancy payments to Directors during the year: 31,000 19,088



Note 18 Remuneration of Auditors 2009 2008 $ $

the fair value of services provided was: Audit services 32,740 25,111other services - -

32,740 25,111

Note 19 Average Staffing Levels 2009 2008 $ $the average staffing levels for the entity during the year were: 98 97

Note 20 Reporting of Outcomes Combined outcomes of YMAC Price of NTRB outputs ACTUAL ACTUAL 2009 2008 $ $

output Group 1. Facilitation & Assistance 15,433,472 12,422,498output Group 2. Certificate 157,401 126,693output Group 3. Dispute Resolution 146,738 118,110output Group 4. notifications 678,989 546,522output Group 5. Agreement Making 299,100 240,747output Group 6. Internal Review 82,200 66,163output Group 7. other Functions 2,607,596 2,098,870

Total price of functions 19,405,495 15,619,605 Source of funding Revenue from Australian Government for ntRB outputs 9,675,974 8,244,301Revenue from other sources 9,729,521 7,375,304

Total price of functions 19,405,495 15,619,605

Note: Figures are estimates only

Glossary of Terms ACCo Aboriginal Communities Charitable organisationAGM Annual General Meeting ASKAp Australian Square Kilometre Array pathfinder BIA Binding Initial Agreement CAtSIA Corporations (Aboriginal and torres Strait Islander) Act 2006Ceo Chief executive officer CFo Chief Financial officer Clo Community liaison officerCSIRo Commonwealth Scientific and Industrial Research organisationFaHCSIA Department of Families, Housing, Community Services and Indigenous AffairsFMG Fortescue Metals GroupIluA Indigenous land use AgreementMRo Murchison Radio-Astronomy observatory nntt national native title tribunal ntA native title Act 1993ont office of native title oRIC office of the Registrar of Indigenous Corporationsplo principal legal officer po project officer WA Western Australia YMAC Yamatji Marlpa Aboriginal Corporation YMBBMAC Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation (former name)

Editorial Information

edited by Amy Cargill for the Yamatji Marlpa Aboriginal Corporation [email protected]

Blac

kbox

Des

ign

YAM

341

7

www.ymac.org.au

ABn 14011 921 883 ICn 2001

Geraldton

171 Marine Tce Geraldton WA P.O. Box 2119 Geraldton WA 6531 T: (08) 9965 6222 F: (08) 9964 5646

Karratha

Units 4 & 5 26-32 DeGrey Pl Karratha WA P.O. Box 825 Karratha WA 6714 T: (08) 9144 2866 F: (08) 9144 2795

Perth

5th Floor 256 Adelaide Tce Perth WA P.O. Box 3072 Adelaide Tce WA 6832 T: (08) 9268 7000 F: (08) 9225 4633

South Hedland

3 Brand St South Hedland WA P.O. Box 2252 South Hedland WA 6722 T: (08) 9172 5433 F: (08) 9140 1277

Tom Price

Shop 2, 973 Central Road, Tom Price WA PO Box 27, Tom Price, WA 6751 T: (08) 9188 1722 F: (08) 9188 1996

YMAC Annual Report 2009

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